
Glass 



F^l 



Book. 



MEMOIRS 



OF 



ORANGE JACOBS 



WRITTEN BY HIMSELF 



CONTAINING MANY INTERESTING, AMUSING AND INSTRUCTIVE 

INCIDENTS OF A LIFE OF EIGHTY YEARS OR MORE, 

FIFTY-SIX YEARS OF WHICH WERE SPENT IN 

OREGON AND WASHINGTON 



SEATTLE, WASH. 

LOVVMAN & HANFORD CO. 

1908 



.JVr 






"> 



\ 



DEDICATION. 

To the Pioneers of the State of Washington, whose 
privations nobly borne, whose heroic labors timely per- 
formed, and whose patriotic devotion to the Republic, 
gave Washington as a star of constantly increasing bril- 
liancy to the Union — this book is gratefully dedicated. 



CONTENTS. 

I. My Autobiography. 

II. Incidents in crossing the Plains in 1852. 

III. Pen sketches of events, amusing, interesting 
and instructive of a Pioneer's life on the Pacific 
Coast, extending over fifty-six years. 

IY. Indian civilization, its true methods, its difficul- 
ties. 

V. Indian customs, legends, logic and philosophy of 

life. 

VI. Religion and reasons for some fundamental 
doctrines. 

VII. Official life and some incidents connected there- 
with. 

VIII. Game animals and birds of the State of Wash- 
ington. 

IX. A few public addresses delivered by me. 

X. The result of Pioneer patriotism and energy. 



Introduction 



I have often been requested by my friends to write 
a sketch book, containing, first, my autobiography, with 
some of the incidents of a life already numbering eighty 
years and more; secondly, some of the addresses and 
papers made by me as a private citizen or public offi- 
cial ; and, thirdly, some of the impressions, solemn, ludi- 
crous and otherwise, made upon me in my contact with 
all the forms of the genus homo, principally on the Pa- 
cific Coast, where I have resided since 1852 — in Oregon 
for seventeen years; in Seattle, Washington, thirty- 
eight years, plus the dimning future. 

I have finally concluded to undertake the delicate 
task. If it is ever completed and printed, I fondly hope 
its readers, if any, may be interested, if not instructed, 
by these extracts from a long experience of contact and 
conflict with the world. 

I say ' ' conflict, ' ' because every true life is a battle 
for financial independence, social position and the gen- 
eral approval of one's fellow-men. 

If an autobiography could be completed by an ac- 
curate and simple statement of facts, such as one's 
birth, education and the prominent and distinguishing 
events or acts of one's career, it would be a compara- 
tively easy task. But, even then, too great modesty 
might incline to dim the lustre of the paramount facts, 
or to narrow their beneficence; while a dominating 

7 



8 INTRODUCTION 

egotism might overstate their merits and extent, and 
exaggerate their beneficial results. Both of these are 
to be avoided. But where is the man so calm, so dis- 
passionate and discriminating as to avoid the engulf- 
ing breakers on either hand? If there could be an 
impartial statement of the facts I have suggested, still 
they would be but a veil encompassing the real man. 
The true man would but dimly appear by implication. 
Character, that invisible entity, like the soul, consti- 
tutes the true man. Any biography that does not de- 
velop the traits, the qualities, of this invisible entity 
is of no value. Character is complex and compound. 
It consists of those tendencies, inclinations, bents and 
impulses which come down through the line of descent 
and become an integral part of the man, and are there- 
fore constitutional. These are enlarged and strength- 
ened, or curbed and diminished or modified, by educa- 
tion, environment and religious belief. Education pos- 
sesses no creative power. It acts only on the facul- 
ties God has given. It draws them out, enlarges and 
strengthens them — increases their scope and power — 
and gives them greater breadth and deeper penetra- 
tion. By education I do not mean the knowledge de- 
rived from books alone, for Nature is a great teacher 
and educator. The continuous woods, the sunless can- 
yon, the ascending ridges and mountain peaks, as well 
as the sunlit and flower-bestrewn dells and valleys — in 
fact all of the beautiful and variegated scenes in Na- 
ture — possess an educational force and power very 
much, in my judgment, underestimated. Man's emo- 
tional nature is enlarged — his taste for the beautiful 
quickened — and his love for the grand and sublime 
broadened and deepened by frequent intercourse with 
Nature. Byron felt this when he wrote — 



INTRODUCTION 

"There is a pleasure in the pathless woods, 
There is a rapture on the lonely shore, 

There is society, where none intrudes, 
By the deep sea, and music in its roar : 
I love not man the less, but Nature more, 

From these, our interviews, in which I steal 
From all I may be, or have been before, 

To mingle with the Universe, and feel 

What I can ne'er express, yet cannot all conceal. 



I have mentioned environment above. It is not 
only a restraining and quasi-licensing, but also an edu- 
cational force. There are, I fear, in every community, 
especially on the Pacific Coast, many young persons, 
who, lacking in fixed moral principles and habits of 
life like the sensitive and impressionable chameleon, 
assuming the color of the bark on the tree which for 
a time is its home — take on the moral coloring of the 
society in which they move, and become for a time, at 
least, an embodiment of its moral tone. But let the 
conditions change — let such persons migrate and be- 
come residents of a society of darker moral hue and of 
lower moral tone — and, like the chameleon, they almost 
immediately take on the darkened coloring and echo 
the lower tone. If it is their nature to command, they 
become leaders in a career of associated viciousness or 
infamously distinguished in the line of individual crim- 
inality. The general result is, however, that having 
broken loose from their moral moorings, they drift as 
hopeless, purposeless wrecks on the sea of life. 

During my residence on the Pacific Coast I have 
known many sad instances of this degeneration, and 
our own beautiful and prosperous city has not been 
free from such sad examples. It is a true, if not an in- 
spired saying that "evil communications corrupt good 



10 INTRODUCTION 

manners. " It is more emphatically true that evil asso- 
ciations corrupt good morals, which was probably the 
meaning intended by the translators. 

I have mentioned religious belief as an element in 
the formation of character. The doctrine of no relig- 
ious teacher has ever exercised such a dominating and 
controlling force in the formation of character in the 
civilized world, as have the doctrines of Christ. Before 
His advent the learned world received the philosophy 
of Aristotle, as a sufficient basis of moral doctrine and 
civic virtue. But that philosophy, great as it was, and 
impinging as it often did on the domain of absolute 
truth, has as a system of moral conduct, given way or 
been subordinated to the clear, direct yet simple enun- 
ciation of Christ, summed up in that grand and univer- 
sally applicable rule of individual and civil conduct: 
"Do unto' others as you would have others do unto 
you." A character in which this doctrine forms the 
basis will always respond to the demands of honor and 
right. 

These observations must answer as a preface, or, 
as Horace Greely once styled such performances, as 
1 ' preliminary egotism. ' ' 



Autobiography 



I was born in the Genesee Valley, Livingstone 
County, State of New York, on the second day of May, 
A. D. 1827. I was number two of a family of eight 
children, — six boys and two girls. My mother, while 
not in the popular sense an educated woman, having 
but a common-school education, had, as the philosopher 
Hobbes termed it, a large amount of "round-about com- 
mon-sense. ' ' While she gave, as a religious mother, her 
assent to Solomon's declaration that he who spares the 
rod spoils the child, it was only in the most flagrant 
instances of disobedience that she put the doctrine in 
practice. She was firm, consistent, and truthful, in- 
dulging in no unfulfilled threats or promises of pun- 
ishment in case of non-compliance with her orders. In 
fact, she acted upon the principle that certainty and 
not severity of punishment was the preventative of 
disobedience. Her all-prevailing governing power was 
affection — love, — thus exemplifying the teaching of the 
Master that "he who loveth Me keeps My command- 
ments." I say it now, after eighty years of memory, 
that we obeyed her because we loved her. She has 
gone to her reward. My observation and experience 
is that the mother's influence over her sons, if she be 
a true and affectionate mother, is far stronger than 
that of the father. Her love is ever present in the 
conflict of life ; it remains as an enduring and restraining 
force against evil, and a powerful impulse in favor of 
honor and right. Someone has said that there are 

11 



12 MEMOIRS OF ORANGE JACOBS 

but three words of beauty in the English language: 
"Mother, Home, Heaven.' ' 

My father owned a farm of forty acres in the 
Genesee Valley, and I first saw the light of day in a 
plain but comfortable frame house. Back of it, and 
between two and three rods from it, quietly ran in a 
narrow channel a flower-strewn and almost grass-cov- 
ered spring brook, whose clear and pure waters, about 
a foot in depth, were used for domestic and farm pur- 
poses. I mention this brook because connected with it 
is my first memory. I fell into that brook one day 
when I was about three years old, and would have 
drowned had it not been for the timely arrival of my 
mother. As the years advanced, observation extended, 
experience increased and enlarged, and I became a 
parent myself, I have often considered how many chil- 
dren would have reached manhood or womanhood's 
estate wanting the almost divine affection and cease- 
less vigilance of a mother's love. 

The next circumstance in my life distinctly remem- 
bered occurred some two or three months after the 
water-incident stated above. Eunning and romping 
through the kitchen one day, I tripped and fell, strik- 
ing my forehead on the sharp edge of a skillet, mak- 
ing a wound over an inch in length and cutting to the 
bone. The profuse flow of blood alarmed me ; but my 
mother, who was not at all a nervous woman but calm, 
thoughtful and resourceful in the presence of difficul- 
ties, soon staunched the flow of blood and drew the 
bleeding lips of the gaping wound together. The doctor 
soon after added his skill; then Nature intervened; 
and, to use the stately language of court, the incident, 
as well as the wound, was closed. 

I have stated these two events not as very im- 



MEMOIRS OF OBANGE JACOBS 13 

portant factors in the history of a life, but because 
they illustrate the teaching of mental philosophy, that 
memory 's power of retention and in individual 's ability 
to recall any particular fact depends upon the intensity 
of emotion attending that fact or event. Especially is 
this true of our youth and early manhood, when our 
emotional nature is active, vigorous and strong. In 
after years our emotional nature is not so active and 
not so readily aroused; still it exists, a latent but po- 
tent factor in memory's domain. Given the requisite 
intensity, it will still write in indelible characters the 
history of events on the tablets of memory. 

Memory is of two kinds — local and philosophical. 
Local memory is the ability to retain and recall iso- 
lated and non-associated facts. The vast mass of early 
facts accumulated in memory's store-house rests upon 
this emotional principle. As the years increase and 
the mind matures, other principles become purveyors 
for that store-house. The laws of classification and 
association become in after years the efficient agencies 
of the cultivated mind to furnish the data for reflec- 
tion and generalization. The operation of these laws 
constitutes philosophic memory. But such facts have 
no pathos, — no coloring. The recalled facts of our 
youthful days have a thrill in them ; not always of joy, 
sometimes of sorrow. I must, however, dismiss these 
imperfect thoughts on mental philosophy, and return 
to autobiography. 

My father, not being satisfied with his forty-acre 
farm, in the Genesee Valley, but being desirous of more 
extended land dominion, and inflamed with the glow- 
ing description of the fertile prairie and wooded plains 
in Southern Michigan, made a trip to that territory in 
the summer of 1831 and purchased in St. Joseph County 



14 MEMOIRS OF ORANGE JACOBS 

two tracts of land of 160 acres each — one being on what 
was afterwards called Sturgis Prairie; the other, in 
what was known as the Burr Oak Openings. St. Jo- 
seph County, now one of the most populous in that 
great State, then had less than two hundred people 
within its large domain. Near the center of the prai- 
rie, which contained five or six sections of land, there 
were four or five log houses — the nucleus of a thriv- 
ing town now existing there. There was also quite 
a pretentious block-house, manifesting the existence of 
the fear that the perfidious savage, — like the felon 
wolf, — might at any time commence the dire work of 
conflagration and massacre. There were many Indians 
in that section of the country. They belonged to the 
then numerous and powerful tribe called the Potta- 
wattomies. Southern Michigan is a level and low coun- 
try, abounding in small and deep lakes and sluggish 
streams. These lakes and streams were literally filled 
with edible fish. Deer and wild turkeys, also the 
prairie chicken, pheasant and quail, were abundant. 
Strawberries, cherries, grapes, plums, pawpaws and 
crabapples — as well as hazelnuts, hickory nuts, black 
walnuts and butternuts — were everywhere in the great- 
est profusion in the woodlands. It was a paradise for 
Indian habitation. I cannot omit from this a slight 
digression — the statement that, having lived on the 
frontier most of my life and having become acquainted 
with many Indian tribes, their habits and customs, they 
do not, like the tiger, or many white men, slaughter 
just for the love of slaughtering, but for food and 
clothing, alone; hence, game was always plentiful in 
an Indian country. The buffalo, those noble roamers 
over the plains, and which a century or less ago, ex- 
isted in almost countless numbers, have nearly disap- 



MEMOIRS OF ORANGE JACOBS 15 

peared. The destructive fury and remorseless cupidity 
of the white man have done their work. The indian 
and the buffalo could and would, judging by the past, 
have co-existed forever. Now the doom of annihila- 
tion awaits them both. 

In the spring of 1832 we started for our new home 
in the wilds of Michigan. Our outfit consisted of a 
wagon loaded with household goods and provisions — 
two yoke of oxen and a brood mare of good stock. 
We reached our destination in a little over a month. 
I say "we" and "our" because I wish it to be under- 
stood that I took my father and mother and elder 
brother along with me to our western home, for I 
thought that they might be useful there. I distinctly 
remember but two incidents of that journey; of not 
much importance, however, in the veracious history of 
a life. I became bankrupt in the loss of a jack-knife 
that a confiding friend had given me on the eve of our 
departure, with which I might successfully whittle my 
way through to the land of promise. I was inconsolable 
for a time. I had lost my all. My father, to alleviate 
my grief, promised me another. So true is it that faith 
in a promise, whether human or divine, assuages grief, 
lifts the darkening cloud, and often opens up a foun- 
tain of joy. 

We had to cross Lake Erie on our journey. The 
not over-palatial floating palace in which we embarked 
was struck by a storm. She pitched and rolled and 
lurched in the tumbling and foaming waters. The pas- 
sengers, save myself and some of the crew, as I was 
informed, lurched and foamed at the mouth in unison 
with the turbulent waves. 

I was confined, for fear I might be pitched over- 
board; but I felt no inclination to join in the general 

2 



16 MEMOIRS OF ORANGE JACOBS 

upheaval. Since that time I have journeyed much on 
the lakes and on the ocean, in calm and in storm, but 
have ever been immune from that distressing torture. 

We arrived at our destination on the firts of June. 
There was no house or building of any kind on the 
land purchased by my father. By the kindly invita- 
tion and permission of a Mr. Parker, a pioneer in that 
country, we were permitted for the time being, to 
transform his wood-shed into a living abode. My 
father immediately commenced the cutting and the 
hauling of logs for a habitation of our own; but be- 
fore he had completed the work he was summoned to 
join forces then moving westward for the subjugation 
of Blackhawk and the hostile tribes confederated under 
him, who were then waging a ruthless war on the set- 
tlers of Illinois. Any signal success by this wily chief- 
tain, and his confederate forces might, and probably 
would, have vastly increased the area of conflict and 
conflagration. Indian fidelity as a general rule, is a 
very uncertain quantity. There are, I am glad to say, 
many noble individual exceptions, but perfidy is the 
general trait. Vigorous action was taken by the Gov- 
ernment for the subjugation of the hostile tribes and 
for the capture of Blackhawk. This was accomplished 
in the early summer of 1832. 

On the morning after my father's departure I ac- 
companied my mother to a spring about a quarter of 
a mile from Mr. Parker's house, where we obtained 
water for domestic purposes. Mr. Parker's house was 
on the southern edge of the prairie which was fringed 
by a thick growth of hazel, sumach, plums, crabapples, 
wild cherries and fox grapes. This fringe was narrow 
and only extended back from two to four rods — beyond 
which was the open timber. The trail to the spring 



MEMOIRS OF ORANGE JACOBS 17 

was in the open timber, but close to the inner circle 
of the copse. Nearing the spring, we saw, skulking 
near the outer edge of this thicket fringe, five Potta- 
wattomie warriors. They seemed to be somewhat agi- 
tated and were intently observing the movements of 
the white soldiers and listening to the roll of the drum 
and the call of the bugle. My mother hesitated at first, 
but went on to the spring, and, having filled her pails 
with water, we went back with quickened steps to the 
house. Shortly after, these warriors came to the house. 
Mr. Parker, who imperfectly understood their language, 
succeeded, however, in explaining to them the meaning 
of this martial array, and they left, seemingly well sat- 
isfied. We saw them frequently afterwards and often 
purchased from them choice venison, turkey and other 
game birds, as well as fish, for a mere trifle. But those 
were troublous days and full of dire apprehension to 
the lone settler. Every night a few, principally old 
men, would gather at Mr. Parker's house, and when 
the door was closed and securely fastened, the light 
extinguished, the few men would lay down with their 
loaded rifles by their side. The door was not opened 
in the morning until a careful reconnoissance had been 
made through the port-holes, of the surrounding coun- 
try. Apprehension has in it as much of terror as actual 
danger. The one is continuing — the other but moment- 
ary, and the one usually increases in its fervor, while 
the other disappears with its cause. 

My father returned after an absence of about two 
months. He won no military glory — he saw no hostile 
indians — Blackhawk and his confederates having sur- 
rendered before the hostile country was reached by the 
command to which my father belonged. 

Peace having been secured and confidence restored, 



18 MEMOIRS OF ORANGE JACOBS 

father proceeded diligently in the erection and comple- 
tion of a double log house on his own domain. 

I love to think of that old log house with its hewed 
puncheon floors and thick oaken doors, where my youth 
was spent. It was a home of peace, of comfort, of 
plenty and prosperity. Its site was a beautiful one on 
a knoll near the great military road leading from De- 
troit to Chicago, and about midway between those 
cities. The next spring my father, my older brother 
and myself accompanying him, went to the nearby tim- 
ber land and got two hundred young sugar maples, 
black walnuts and butternut trees that were presently 
planted in concentric circles around that home castle. 
My father did not believe in drilling ornamental trees 
into rank and file, like a column of soldiers. He had 
faith in Nature's beauty and did not think it could be 
improved by man. Nature should be subordinated to 
man's will only when cultivation becomes an essential 
element to the growth, which as a general rule holds 
only when the tree or plant or shrub is not indigenous 
to the soil. 

In the fall of that year I was prostrated by a 
large abscess in the right groin. I could neither stand 
on my feet, nor sit in an upright position. A pallet 
on the floor, or in some shady nook outdoors when the 
weather was propitious, was my favorite, and for most 
of the time my lonely, resting place. On the morning 
of which I am about to write, my mother was urging 
my father, as the abscess by its color indicated that 
it was ripe for the surgeon's lance, to go for a doctor 
to examine it and my condition, and if proper, to open 
it and let out the long accumulated poison. The near- 
est doctor lived some thirty miles away, but my father, 
yielding to my mother's persuasions, concluded to go. 



MEMOIRS OF ORANGE JACOBS 19 

Before he had arisen from his seat at the table he re- 
quested my brother to bring in some stove wood. Boy- 
like, brother piled up such a quantity on his left arm 
that he could not see over it, and, bending backward, 
he came into the house seemingly oblivious to my loca- 
tion, tripped against me and fell, striking the end of 
the wood upon the abscess. Effectually, but not in a 
very scientific manner, this opened it. I swooned away, 
and it was sometime before consciousness returned to 
me. As proof of my brother's surgical skill, a star- 
shaped scar over an inch in length, remains today. 
There were some mitigating circumstances, however, 
in this surgical work : — it saved a lonely journey and a 
large doctor bill. He received no compensation — but 
otherwise — for his effective treatment, and the result- 
ant benefit. 

On account of sickness and - the want of oppor- 
tunity, I did not attend school until I was nine years 
of age. I had a large number of picture books con- 
taining stories of bears, panthers, lions and tigers. I 
had to hire other boys to read them to me, and this 
kept me in a bankrupt condition. I was frantic to be 
able to read them myself, and when opportunity of- 
fered I soon accomplished this purpose. 

When I was fourteen years of age the district 
school was taught by one Dowling — an Irishman — full 
six feet in height, a fine specimen of physical manhood, 
and an excellent teacher. He was employed by the 
Directors not only to teach, but also, if necessary, 
to subjugate the rebelious spirit theretofore existing 
among the larger boys attending the school. His pres- 
ence and firm and courteous manner dispelled all fear 
of insubordination. 

An incident occurred at that school which has re- 



20 MEMOIRS OF ORANGE JACOBS 

mained fresh in my memory. There was a boy attend- 
ing by the name of Joe Johnson. In age Joe was be- 
tween fifteen and sixteen. He was quiet, meditative, 
awkward — the victim of many tricks, the butt of many 
jokes. One day Dowling ordered all who could write 
to turn to their desks and within half an hour to pro- 
duce a verse of original poetry, or as near an approach 
to it as they were able to go. We had learned that 
for Dowling to command was for us to obey. I was 
sitting next to Joe. After meditating a few moments 
he rapidly wrote the following : — 

"I saw the devil flying to the south, 
With Mr. Dowling in his mouth; 
He paused awhile and dropped the fool, 
And left him here to teach a common school." 

I looked over Joe 's shoulder and read as he wrote, 
and when he had completed the verse — oblivious to the 
conditions — I laughed outright. Mr. Dowling, with vig- 
orous application of his hazel regulator, soon restored 
my reckoning, and indicated my true latitude and longi- 
tude. Mr. Dowling read Joe's poetry to the school, to 
show the ingratitude of the pupil to his preceptor ; but 
the matter was otherwise received by the older pupils, 
and it was dropped. This incident no doubt revealed 
to Joe that he possessed poetic ability of the highest 
order. Joe, after he had arrived at manhood's estate, 
published a small volume of poems full of wit, beauty 
of description, and pleasing satire. 

I attended the district school in the winter and 
worked on the farm in the spring, summer and fall, 
until I was eighteen years of age, when I left the farm 
and enrolled myself as a student at the Albion College, 
a Methodist institution strict in its discipline, thorough 



MEMOIRS OF OKANGE JACOBS 21 

in its teachings, and of good repute for its excellent 
educational work. I was there over four years, but 
did not graduate because of failing health. In meas- 
uring up intellectually with a host of other young men 
in debate and composition, I was inspired with the 
faint hope that I might at least win a few victories in 
the actual conflict of life. I gave much attention to 
the languages, and was especially proficient in Greek 
and Latin. I had an inclination and love for that line 
of study. I did not, however, neglect the exact sci- 
ences, but I had no intuition assisting in that direc- 
tion. What I know of mathematics, and my studies 
in that line were quite extensive, is the result of pure 
reasoning. If proper here, let me observe that the best 
teacher of the exact sciences is he who obtains a knowl- 
edge of them as I did, because he will more fully ap- 
preciate all the difficulties met with by the ordinary 
student. 

He who intuitively sees the relation of numbers, 
form and quantity, needs but little, if any, assistance 
from, a teacher. It is he who, by slow and laborious 
process of correct reasoning, discovers or unfolds these 
relations, that needs the sympathetic assistance of a 
teacher. 

I left school because my physician thought I needed 
more ozone than Greek — more oxygen and sunshine 
than Latin, and more and better physical development 
for any success in life's arduous work and its strenu- 
ous conflicts. While under the care of Nature's physi- 
cian, I spent most of my time in hunting and fishing, 
with occasional work on the farm. This continued for 
nearly a year. The treatment was beneficial, and I 
enjoyed it. During this time I received an invitation 
from a literary society in the town to deliver before 



22 MEMOIRS OF ORANGE JACOBS 

them a lecture, on such subject as I might choose and 
on such evening as I might designate. I accepted the 
invitation, and chose as my subject "The Eclectic 
Scholar." I named a day one month ahead. As this 
was my first appearance before a public audience, and 
that, too, composed of the companions and acquain- 
tances of my youth — the most unpropitious of all au- 
diences for a young man to face — I spent nearly the 
entire month in the preparation of that address. I 
will not attempt to give its substance or a skeleton of 
the topics discussed. It was published in the local 
paper with flattering comments, but I have neither the 
manuscript nor a copy. My first intention was to read 
it, but I finally concluded to commit it to memory, and 
to deliver it without the aid of the manuscript. An 
incident occurred in this connection that, annoying as 
it was to me at the time, I cannot omit. After the ad- 
dress had been memorized, I went to a dense copse on 
the land of Mr. Parker, selected a small opening and 
delivered the address with proper gesticulations to the 
surrounding saplings, thinking no human ear or eye 
heard or saw me ; but I was mistaken. Old man Parker 
was out pheasant hunting. He was near me when I 
commenced to speak, and, quickly concealing himself, 
saw and heard from his ambush the whole performance. 
When I picked up my hat to go, he arose, came into 
full view, clapped his hands and said, as he approached 
me, "Well done, Orange." As I was not in a conver- 
sational mood I did not tarry. At the appointed time 
I had a full audience. A vote of thanks was tendered 
me and a request for a copy for publication. Since that 
time I have learned that many of the great addresses 
of the world by orators, and statesmen, are first care- 
fully written, then memorized, then repeated in front 



MEMOIRS OF ORANGE JACOBS 23 

of mirrors, before delivery to the audiences for whom 
they were intended. 

Late in the fall of this year I concluded to study 
law, and to make its exposition and practice my life 
work. With this end in view I entered the office of 
Hon. John C. Howe, of Lima, La Grange County, In- 
diana. Here let me say by way of parenthesis, that 
our esteemed brother lawyer, James B. Howe of Se- 
attle, is a near relative of his. A brief description of 
my preceptor may be admissible. He was a quiet, 
somewhat reserved man, and a great student. Though 
inclined to be taciturn, yet, when in the mood, his con- 
versation was charming. I have often thought his 
mind was a little sluggish in its ordinary movement; 
but, let it be stimulated by an important case or a 
large fee, and he seemed to be, like Massena, almost 
inspired. It is said of Napoleon's great Marshal that 
in the ordinary affairs of life he was a dull and even 
a stupid man ; but that when he saw the smoke of bat- 
tle, and heard the roar of cannon, the rattling of mus- 
ketry, and saw the gleam of bayonets in the hands of 
the charging legions, he was seemingly inspired, and 
never, amid the roar and tumult of battle, made a 
mistake. In a sense this was true of my preceptor. He 
was of strong physique and could work with an in- 
tensified industry that approached genius. He pos- 
sessed great power of generalization and could read- 
ily reduce complicated and voluminous facts to their 
proper classes, and thus completely master them. Few 
men in American history have possessed this ability in 
a pre-eminent degree. I might, among the few, men- 
tion John C. Calhoun and Oliver P. Morton of Indiana. 
Another characteristic of my preceptor was his prefer- 
ential love of English Reports and English authors; 



24 MEMOIRS OF ORANGE JACOBS 

hence, in addition to Blackstone 's Commentaries, I read 
Starkey on Evidence; Chitty and Stephen on Plead- 
ings; Chitty on Contracts, on Notes, and Bills of Ex- 
change ; Coke on Littleton ; Hale 's Pleas to the Crown ; 
Archibald on Criminal Law; Lord Redesdale's Equity 
Pleadings and Jurisprudence ; and Seldon on Practice. 
I read Dr. Lushington's Admiralty Reports. Seem- 
ingly, I had no use for admiralty, living as I did in 
the inland empire; but I found such knowledge of 
great use after I was appointed to a Judgeship in 
Washington Territory. A little brushing-up and some 
additional reading enabled me to try the admiralty 
causes brought before me to the satisfaction of the 
bar. I cannot close this brief reference to my law pre- 
ceptor without the narration of an incident in which 
he was one of the principal actors. The sheriff of St. 
Joseph County, Michigan, had been elected for four 
consecutive terms, and it was alleged and conceded 
that he was a defaulter in a large amount. He had given 
a different set of bondsmen for each term, and the ques- 
tion arose which of these sets was responsible. My 
preceptor was employed by the county; the bondsmen, 
of which my father was one, employed Columbus Lan- 
caster, afterwards a delegate to Congress from Wash- 
ington Territory, and one of the judges in the provis- 
ional government of Oregon. Lancaster was a witty 
and eloquent speaker and a successful trial lawyer. As 
the case was an important one, and the counsel distin- 
guished, many lawyers attended the trial. At that 
time the laws of Michigan gave three justices of the 
peace, sitting in bank, all of the powers, by the con- 
sent of the parties, of the Superior Court. This was 
a trial before such tribunal. But little evidence was 
taken, just enough to raise the legal questions involved. 



MEMOIRS OF ORANGE JACOBS 25 

The argument of Howe was clear, compact and to my 
mind conclusive. It had for its basis English authori- 
ties and cases. Lancaster answered in an eloquent and 
witty speech, and after a brief reply from Howe the 
case was submitted. The justices retired, but in a 
short time returned. Their judgment was for the de- 
fendants. Howe was manifestly disappointed and he 
said to Lancaster : ' ' I will offer this : You may choose 
any three from the lawyers present, and we will re- 
argue the question and I will agree to abide by their 
decision." The answer of Lancaster was character- 
istic; he said: "I never run all day to catch a rabbit, 
and then let him go just to see whether I can catch 
him again." 

Both of these men have long since been gathered 
to their fathers. They were just men and true, and 
in ability far above the average. 

I was admitted to the bar in the fall of 1850. 
Under the laws of Michigan at that time, admission 
to the bar was not necessary to practice law in that 
State, but it was the usual and dignified course. The 
class seeking admission was quite a large one; most 
of them, in fact all of them save myself, were old law- 
yers seeking admission in the regular and time-sancti- 
fied order. An afternoon was given by Judge Wing, 
who presided, for the hearing of the petition of the 
applicants. The Judge and the Bar were the exam- 
iners. They all took a free hand. I thought I could 
discover a disposition on the part of the Judge and 
the Bar to put the old practitioners, whose knowledge 
of elementary principles had been somewhat dimmed 
by the lapse of years, at a disadvantage as compared 
with the accuracy of a young man fresh from the 
books. Hence, many questions were rushed to me for 



26 MEMOIRS OF ORANGE JACOBS 

a full and accurate statement of the text-books, which 
in most cases I was able to give, to the manifest pleas- 
ure of the examiners. We were all admitted. In an- 
ticipation of so propitious a result, we had provided a 
banquet for Bench and Bar. At its conclusion the 
Judge said, "a motion for a new trial would be in 
order, and if such motion was made he would take it 
under advisement till the next term of the court, when 
he had but little doubt that it would be granted." 

After my admission to the Bar I diligently con- 
tinued my legal studies, confining myself, however, 
almost exclusively to American Beports and authors, 
such as Kent's Commentaries; Story on the Constitu- 
tion, on Equity Jurisprudence and Pleadings; Green- 
lief on Evidence ; Gould on the Form and the Logic of 
Pleadings ; Bishop on Criminal Law ; and many others. 
I have continued this extensive reading during all of 
my professional career when books were at hand. Look- 
ing back from a standpoint of eighty years' time, I am 
satisfied that I have read too much, and reflected, reas- 
oned, analyzed, generalized and thoroughly digested 
too little. I often think of the saying of Locke, the 
philosopher, that if he had read as much as other men 
he would have known as little as they. There is much 
truth in this statement. To read without thought, with- 
out reflection, without analysis and a thorough digest 
of what one reads, is a waste of time. More, it weakens 
the memory, does not accumulate knowledge, and in- 
capacitates the mind for serious work. While I have 
no admiration for a correctly-styled "case lawyer," 
yet, were I to live my professional career over again, 
I would get my legal principles from a small but well- 
selected library of authors of established repute; and 
then I would consult leading cases on each topic or 



MEMOIBS OF ORANGE JACOBS 27 

subject, as a help for their proper and logical appli- 
cation. The practice of law consists in the application 
of a well-defined legal principle to a certain combination 
of facts. Whether the principle applies is a question 
for the courts; whether the facts that enter into the 
definition exist is a question for the jury. But, as I am 
not writing a legal treatise, I leave the topic here. 

My father caught the gold fever, and early in the 
spring of 1849 started with an ox-team across the plains 
to the gold-fields of California. He returned in the 
winter of 1851-2, having been moderately successful. 
For many years I had been a sufferer from neuralgia. 
Its painful development was in the forehead. I was a 
pale and emaciated specimen of the genus homo, weigh- 
ing less than 150 pounds. My father was of the opinion 
that the air of the Pacific Coast was rich in ozone, and 
his physical appearance indicated that his judgment 
was sound. "Go west, my son," he said; "go to Ore- 
gon — not to California — f or you would amount to noth- 
ing as a miner. You will be subject to a continual 
alkaline bath on the plains, and this will prepare you 
for the renovating effects of the salubrious air of the 
Pacific Coast." My father was not a physician, but I 
readily consented to take his prescription, provided he 
would pay the doctor's bill. This he willingly con- 
sented to do. I soon found three other young men who 
had the Oregon fever in its incipient stages. It soon 
became fixed and constitutional, and they determined 
to go. A wagon was soon constructed under my fath- 
er's direction — light but strong, with a bed water-tight 
and removable, so that it could be used as a boat for 
ferrying purposes; a strong cover for the wagon, and 
a tent which in case of storm could be fastened to the 
wagon to supplement the effectiveness of the cover. 



28 MEMOIRS OF ORANGE JACOBS 

Each furnished a span of light, tough and dark-col- 
ored horses. White was not allowed on account of 
their alleged want of toughness and durability. Each 
was allowed two full suits of clothes and no more, and 
two pair of double blankets and no more. The object 
was to prevent overloading. Each was to have a rifle 
or shotgun, or both, and a pistol and sheath-knife. I 
am thus particular, because in this day of railroads 
and Pullman cars, these things are fast passing from 
memory. 

On the first of March, 1852, we left Sturgis, Michi- 
gan. Our first point of destination was Cainesville on 
the Missouri Eiver. "We did our own cooking and slept 
in our wagon when the weather was clement ; at hotels 
and farm houses when it was inclement. None of us 
had ever tried our hand at cooking before, and our de- 
velopment along that line had a good deal of solid fact, 
and but little poetry in it. We could put more specific 
gravity into a given bulk of bread than any scientific 
cook on earth. Taken in quantity, it would test the 
digestive energies of an ostrich ; but we took it in 
homeopathic doses. We lived in the open air and sur- 
vived, as our knowledge of the culinary art rapidly in- 
creased. The moral of this mournful tale is : — mothers, 
teach your sons to do at least ordinary cooking; they 
may many times bless you in the ever-shifting, and 
strenuous conflict of life. 

I was born and reared in a cold climate ; but when 
the mercury fell, the atmosphere lost its moisture ; and 
while the wind was fierce and biting, it was dry. You 
can protect yourself against such cold; but when you 
come to face the cold, damp, fierce and penetrating 
winds that sweep over the prairies of Illinois and Iowa 



MEMOIRS OF ORANGE JACOBS 29 

when winter is departing, they find yon, and chill you 
through any kind or reasonable quantity of clothing. 

On account of snow-storms we stopped for a week, 
in the latter part of March, at a farm-house in the 
outer settlements of Iowa. The people were intelligent 
and refined. Our hostess had two lovely daughters, 
and we young men were at home. Prairie chickens 
were very abundant in the vicinity, and with my shot- 
gun I more than kept the family supplied while there. 
Our hostess was a good cook and we lived high. A 
short distance away was a log school-house also used 
for a church, and we accompanied the family to chnrch 
on Sunday. The minister was a Methodist circuit-rider ; 
and while he was not an eloquent man and did not, like 
Wirt's blind preacher, in the wilds of Virginia, tell us 
with streaming eyes that " Socrates died like a phil- 
osopher, but Jesus Christ like a God," yet with force 
and emphasis he preached Christ and Him crucified 
for a sinful world. This was the first chnrch service 
we had attended since leaving home, and it gave us 
all a touch of homesickness. 

As soon as the storm abated and the weather gave 
indications of more sunshine and less downpour, we 
bade adieu to our hostess and her fair daughters, and 
journeyed slowly onward over horrid roads towards 
Cainesville. We arrived at this bustling outfitting town 
on the 23rd of April. We found there a large number 
of persons and prairie schooners, but most of them were 
on a voyage to the gold-fields of California. By dili- 
gent inquiry I found seventeen wagons, with an aver- 
age of four persons to the wagon, whose destination 
was Oregon. We agreed to cross the Missouri River 
on the 2nd day of May, and on the afternoon of that 
day we were all safely landed on the western shore. 



30 MEMOIRS OF ORANGE JACOBS 

We were now beyond the realm of social constraint, 
conventional usage, and the reign of law. It was in- 
teresting to me to note the effect of this condition upon 
a few men in our party. They seemed to exult in their 
so-called freedom. They spoke of the restraining influ- 
ence of organized society as tyranny, and of the gov- 
ernment of law as government by force. A meeting for 
organization was called for that evening. I was elected 
chairman, and in response to a request for my views, 
I said, that we on the morrow were to start on a jour- 
ney of over two thousand miles through an Indian 
country; and while it was reported that the tribes 
through whose country we were to pass were at peace 
with the whites, yet it was a sound maxim, in the time 
of peace to be prepared for war; and that our safety, 
and that of our property, depended upon our strict- 
ness, watchfulness and unity of action, and these bene- 
ficial results could only be secured by organization: 
hence I proposed that, without being myself a candi- 
date for any position and not desiring any, we organ- 
ize ourselves into a semi-military company by the 
election of a captain and a first and second lieutenant. 
A motion was made in accordance with the views ex- 
pressed by me, and seconded; I declared it open for 
discussion. One of the persons mentioned above, who 
thought he had just enhaled the air of perfect freedom, 
arose and said that he was opposed to the motion; he 
did not propose to be lorded over by any one ; he would 
be governed by his own judgment and wishes. I re- 
plied that we did not propose to lord it over any one, 
but to govern in all ordinary matters by common con- 
sent, and in all matters by the laws of safety and decent 
morals. The motion was put and it was carried with 
only five dissenting votes. A vote was taken by ballot 



MEMOIRS OF ORANGE JACOBS 31 

for Captain, and to my astonishment I received all the 
votes but two — one of which was cast by myself for a 
gentleman who had crossed the plains and who had 
returned to the States to get married, and, having ac- 
complished that purpose, was returning with his wife 
and an unmarried sister of hers to his home in Oregon 
City ; the other vote, presumptively, was cast by a gen- 
tleman that, on account of his military appearance and 
the arsenal of weapons which he carried on his person, 
and his alleged thirst for Indian blood, we styled Col- 
onel. As the Colonel was an open candidate for the 
office, the opinion prevailed that he had voted for him- 
self. The first and second lieutenants were soon elected 
and a quasi-military organization was soon formed. 
The first lieutenant was unpopular with the men. He 
was a good man, but possessed no fitness for the posi- 
tion; he had much of the fortiter in re, but none of the 
suaviter in mo do- The second lieutenant was a doctor 
by profession and was eminently fitted for the position ; 
he was calm, cool in danger, discreet in words and ac- 
tion, and courageous in conduct. Thus equipped, the 
next morning at eight o'clock we rolled out and made 
about twenty miles; we camped on a plateau covered 
with grass and by a brooklet of pure, cold spring water. 
The second and third days were but repetitions of the 
first. The fourth day we reached the Loup Fork, a 
large tributary of the Platte. We ferried over it suc- 
cessfully and resumed our journey across the valley of 
rather low but rich land, still covered in places with 
a mass of tall dry grass, the fading glory of last year's 
beneficence. "We were in the Pawnee country. When 
we were about two and one-half or three miles from 
the river, from seventy-five to a hundred Indians arose 
suddenly out of the grass, stopped our teams, and by 
3 



32 MEMOIRS OF ORANGE JACOBS 

their unearthly yelling came near stampeding our 
horses. We were caught unprepared. We did not ex- 
pect to meet hostiles, or even troublesome Indians 
within an hundred miles of the Missouri River. Many 
of the guns were not loaded. A lame chief, pretty well 
dressed in buck-skin, with a sword by his side, a pistol 
in his belt, a fine rifle in his hand, and a photograph 
of ex-President Fillmore, in a metallic frame, on his 
breast, was in command of the Indians. He, and three 
subordinate chiefs were standing near the head of the 
train, and I sent the doctor — the second lieutenant — 
and another discreet person to confer with them and 
ascertain what this meant. The other Indians in open 
order extended the full length of the train, and were 
about five rods away. All had bows and arrows or 
firearms. They used the weapons in their movements, 
with incessant yelling, in a menacing manner. All 
things being in readiness, I went to where the doctor 
and his companions and the chiefs were, near the head 
of the train. I asked the doctor what they wanted. 
He answered that they wanted one cow brute, a large 
quantity of sugar, tobacco and corn, for the privilege 
of crossing their country. They were in a squatting 
position, marking on the ground the boundaries of the 
country claimed by them. I told the doctor that we 
had no cow brute and could not give one ; that we had 
but little sugar and tobacco, and could spare none; 
that if they wanted corn to plant, we would give them 
a sack of shelled corn, and no more. They understood 
what I said, and quickly sprang to their feet and cov- 
ered the doctor and myself with their guns. I had 
a double-barreled shotgun by my side. I seized it ; but 
before I could get it into position, the muzzles of the 
guns were lowered, the yelling ceased, and the sack of 



MEMOIES OF OKANGE JACOBS 33 

corn was accepted as toll. This was to me a new and 
rather startling application of the doctrine of posse 
comitatus for the enforcement of an unadjudicated de- 
mand; bnt I have since learned that civilized nations 
use battleships and cannon for that purpose. 

The great Carlyle declares that if a person possess 
a quality in a high degree, whether that quality be 
mental or physical, he is unconscious of the fact; but 
if he be deficient in any quality, either moral or phy- 
sical, he is always conscious of the deficiency; and, 
seeming to act on the supposition that what he feels so 
distinctly, he fears others might perceive, he is con- 
stantly hedging: therefore, a dishonest man is always 
talking about his honesty, and a coward about his 
bravery. All the men of our company behaved well 
but one, and that one was "the Colonel." I cannot 
refrain from recalling an incident connected with him. 
I have mentioned the unmarried lady who was accom- 
panying her sister to her Western home. She was sit- 
ting in the wagon with the reins in her hand and a 
pistol in her lap, during all the excitement and uproar. 
As I passed up and down the train, I saw the Colonel, 
either at the rear or on the side of the wagons, away 
from the yelling Indians. The last time I passed the 
wagon, the Colonel stuck his head out from the oppo- 
site side and asked, "What are you going to do, Cap- 
tain?" I said, "Fight, sir, if necessary." The young 
lady, looking at him, exclaimed: "Yes, sir; fight if 
necessary. Get on the other side of the wagon; be a 
man ! ' ' Although the Colonel subsequently, by his con- 
duct at Shell Creek, partially redeemed his reputation, 
yet the insinuating jeers of the men, as to which was 
the safer side of the wagon, kept him in hot water, and, 
taking my advice, he left the train after the passage of 



34 MEMOIRS OF ORANGE JACOBS 

Shell Creek, at the first opportunity. It was a good 
riddance, for a coward driven to bay, and constantly 
wounded by the shafts of ridicule, is dangerous. 

Our toll having been paid and the excitement hav- 
ing abated, we resumed our journey across the Loup 
Fork valley and over the slightly elevated high land 
that separate its waters from the Platte. We descended 
from this high land by an easy grade, and made an 
early camp. Wood, water and grass were abundant. 

We knew that a large ox-train, consisting of forty 
wagons or more and known as the Hopkins train, would 
cross the Loup Fork the next morning. There were 
quite a number of women and children in the train; 
hence our gallantry, as well as our bravery, prompted 
assistance. Further, we had concluded that it was wise 
to travel in larger bodies through the country of the 
Pawnees. According to our estimate, this train would 
arrive at the danger point, or toll gate, between ten 
and eleven o'clock a. m. Thirty of us volunteered to 
go back, to assist in case of difficulty. We were mostly 
mounted and ready for the start, when we saw a horse- 
man rapidly approaching us, and we rode out to meet 
him. He told us that the Hopkins train had been at- 
tacked by the Indians, that two of his company had 
been seriously, if not mortally, wounded ; and he asked 
for a doctor. The doctor was with us and readily con- 
sented to go, after returning to the wagon for instru- 
ments and medicine he might need. The rest of dashed 
up the gentle slope — hurry-scurry, pell-mell. At the 
top we slackened our speed for observation. We saw 
that the Indians had abandoned the conflict and were 
hurrying to the river, on the further side of which was 
their village. The occasional puff and report of a white 
man's rifle, at long and ineffective range, no doubt 



MEMOIRS OF ORANGE JACOBS 35 

quickened their speed. We struck out on an acute 
angle to cut them off from the river, but failed. Those 
in boats had either reached or were near the other 
shore, some three or four hundred yards away; those 
in the water swam with the current and were practi- 
cally out of danger : the boys, however, took some shots 
at the retreating heads. I think no Indian was killed 
or wounded by the shooting, but some of the boys were 
of a different opinion. We were at the river bank but 
a short time; but before we left it, the lame chief and 
his two subalterns, mentioned above, came down to the 
opposite shore, raised their hands to show that they 
had no weapons, then jumped into a canoe and rapidly 
crossed the river to us. They asked permission to go 
up with us to see their dead and to care for their 
wounded. The chief said five Indians were dead and 
many wounded. We saw but three dead and two slight- 
ly wounded. Two white men were wounded — one with 
a flint-headed arrow in the chest, the other shot with a 
large ball through the fleshy part of the thigh close to 
the bone. Although the arrow-head had entered the 
chest cavity, it had not pierced any vital organ, and 
recovery was rapid ; the other wound was of a complex 
character, which I cannot mention, and was dangerous 
if not mortal. This man was slowly recovering, how- 
ever, while he remained with us and under the doctor's 
assiduous care. What the final result was I never 
knew. The wounded having been attended to, the 
train was soon on the move for our camp. After a 
consultation held that evening, it was agreed that we 
should travel together through the Pawnee country, 
and that I should have general control of our united 
forces. 

Shell Creek, which was full five days' travel ahead, 



36 MEMOIES OF ORANGE JACOBS 

was said to be one of the boundary lines separating the 
country of the Pawnees from that of the Sioux. No- 
tices stuck up along the road warned us to look out for 
the Pawnees at Shell Creek. It was their last toll-col- 
lecting station. This fact and their difficulty with the 
Hopkins train put us on our guard. From what we 
saw of the action of the Indians, there were manifest 
indications, that they were collecting at Shell Creek. 
We saw every day on the opposite side of the river, long 
lines of them journeying towards that point. In the 
afternoon of the fifth day after our union, we arrived 
on the plain, through which the creek had cut its 
way to the Platte River. We made a corral with our 
wagons, some seventy-five or eighty rods from the 
creek. 

A few small flags of different colors were floating 
from the top of the bank descending to the creek, indi- 
cating that the Indians were there. I called for seven- 
ty-five volunteers to go with me to the crossing. I am 
glad to say that the Colonel promptly stepped forward ; 
and more than the requisite number offered to go. 
Where the road crosses Shell Creek valley, if it is 
proper so to call it, it is from fifteen to twenty feet 
below the general face of the country, the valley not 
being over four or five rods in width. It is a small 
stream, but its shallow waters flow over a bed of treach- 
erous quick sand. The earlier immigrants had cut 
down the nearly perpendicular bank so as to make the 
descent and ascent practicable, to and from, the nar- 
row valley. They had also, from the nearby timber in 
the valley of the Platte River, obtained stringers, plac- 
ed them across the creek, and covered them with heavy 
split or hewn cottonwood puncheons. 

I formed my volunteers in a line, open order, and 



MEMOIRS OF ORANGE JACOBS 37 

facing the crossing. In this order we marched quite 
rapidly towards the creek until we were eight or ten 
rods away, when an order of double quick was given, — 
we dashed down to the bank, and found from seventy- 
five to a hundred Indians, all armed, at different points 
along the bank and near the crossing. We covered 
them with our rifles and shotguns. There was an omin- 
ous silence for a short time. They soon arose, however, 
and all but two crossed the creek and went to a bald 
knoll a short distance below the crossing. One or two 
started to come up to us, but we waved them off. The 
puncheons had been removed from the stringers and 
thrown into an irregular pile on the further side of the 
creek. Two Indians stood upon the pile. I asked for 
two young men to go down to replace the puncheons. 
Quite a number volunteered. I selected one standing 
near me, and another called Brad. Both were stalwart 
and muscular. Brad was a great boaster, but a noted 
exception to Carlyle 's rule. He was as courageous as a 
lion. The puncheons were thick, water-soaked and 
heavy. One of the two Indians standing upon them de- 
parted as Brad and his companion approached; the 
other, silent and sullen, maintained his position on the 
pile, and when Brad took hold of the end of a punch- 
eon he walked down to that end, thus compelling 
Brad to lift him as well as the puncheon. Someone 
said "hit him, Brad." I thought the order a proper 
one; so I said nothing. Brad, who was great in a 
power emanating from the shoulder and culminating 
in the knuckles of the hand, struck, with all his force, 
the Indian on the point of the jaw; the Indian fell to 
the ground a limpid heap, and did not recover until 
nearly all of the puncheons had been replaced. When 
he arose his face was covered with blood from either 



38 MEMOIRS OF OBANGE JACOBS 

the effect of the blow or his fall. He walked slowly 
towards the knoll where the other Indians were, and 
his appearance among them created quite a sensation 
and uproar. It was manifest that there was no unity 
of purpose, or action among them. As soon as the 
bridge was repaired we crossed over with four-fifths of 
the men ; the other one-fifth went back to help bring 
up the train, and to assist in the crossing if necessary. 
I left the command with the doctor, and as the evening 
was fast approaching I selected a camp about one-half 
of a mile beyond the crossing, where grass, water and 
wood were plentiful. The first lieutenant superintended 
the camping. When I returned I found that the doctor 
had "the lame chief" and two other younger chiefs 
as prisoners. They had crossed the line marked out by 
him, and he retained them as hostages. The lame chief 
was somewhat reconciled to his lot, but the young men 
were taciturn and sullen. The lame chief knew Eng- 
lish and talked it sufficiently well for us to understand 
him. I told him that we would give them plently to 
eat, with blankets upon which they could sleep, and 
that we would part as friends in the morning. I told 
him further that if the Indians attacked us that night 
he and the two young chiefs would be killed. I told 
him that he could control the Indians, and that we re- 
quired him to do it. All of this was said to him in a 
most positive and emphatic manner, and he communi- 
cated it to the younger chiefs. I asked him what so 
many Indians, all armed, had come away from their 
villages and to the boundary of their country for ? He 
said the Indians had no bad feelings towards the horse- 
train, but they had come to make the cow-train pay for 
the killed and wounded in the fight at Loup Fork. He 
said that they did not expect to find us with the cow- 



MEMOIRS OF ORANGE JACOBS 39 

train. Certain it is, that every circumstance pointed 
to the conclusion that had not our train been present, 
the Hopkins train would have been compelled to con- 
tribute largely, or would have had another fight more 
disastrous, perhaps, than the first. The night was 
made hideous by the almost constant yelling of the 
Indians. I remained up until eleven, when I retired, 
worn out and with an acute attack of neuralgic head- 
ache. After a time I slept or dozed, notwithstanding 
the uproar. The doctor also had gone to his wagon. 
The first lieutenant was in command. About three 

'clock he came to my wagon, and requested me to get 
up; he feared, he said, an attack. The Indians, he in- 
formed me, were already approaching us. I found that 
the warriors had left the strip of timber on the river 
and were within one hundred yards of our picket-line. 

1 went around the camp and found nearly everyone 
awake and up. I then went with the lame chief and 
his guard to the picket-line. I told him to tell the In- 
dians, that they must not come any nearer. The chief 
began to speak immediately and continued to talk for 
two minutes or more; and while we did not under- 
stand what he said, the tumult ceased, and from thence 
on, comparative quiet prevailed. In the morning we 
gave our hostages a good breakfast and presented 
them with a cow brute so lame that it could not travel 
farther. I saw it killed. An Indian with a strong, and 
to me almost inflexible bow, threw himself on his back, 
holding the steel or iron-pointed arrow with both 
hands against the string of the bow, and with his feet 
springing it sent the arrow deep into the heart of the 
animal, which fell at his feet. This was the first ex- 
hibition I had ever seen of the power of the bow as a 
weapon and life-extinguisher. At short range, with a 



40 MEMOIRS OF ORANGE JACOBS 

cool nerve, with a full quiver, a person thus armed 
would be a dangerous foe. 

We got an early start the next morning. We bade 
our hostages good-bye without regret, and entered onto 
the land of the Sioux with hopeful satisfaction. We 
journeyed full twenty miles that day, and camped on 
a treeless plain with good water and plenty of grass, 
but no wood save buffalo chips. This want of wood 
was to continue for hundreds of miles. It was amus- 
ing at first, to see the ladies handle the buffalo chips. 
They literaly cooked with their gloves on. But the 
principle announced by the poet soon asserted itself: 

''Vice is a monster of so frightful mien, 
As to be hated, needs but to be seen ; 
Yet seen too oft, familiar with her face, 
We first endure, then pity, then embrace. " 

I do not mean to say that they embraced this fuel ; 
only that they used it as they would other fuel — simply 
obeying a law of necessity and enduring it. 

This morning we parted from the Hopkins train, 
got an early start and made a late camp over twenty 
miles away. 

Early in the commencement of our jurney to the 
sunset land, I organized a hunting party of four good 
shots, two of whom I was personally acquainted with 
and knew that they were well qualified for their posi- 
tion; the other two were chosen on the recommenda- 
tion of their acquaintances and friends. This selec- 
tion turned out to be not only harmonious, but a fit 
and proper one. They organized by the election of 
the doctor and myself as alternate captains, expecting 
that one of us would accompany them on each day's 
hunt. The work was exciting, with a dash of danger 



MEMOIRS OF ORANGE JACOBS 41 

in it, and was arduous. Heretofore there had been no 
opportunity for the proof of their skill. This day, 
having determined from our guide-book where to camp, 
I accompanied them to the hills. Shortly after noon 
the hunters came across a small herd of buffalo in a 
gully where there was a little pool of seepage water, 
and succeeded in killing two — one a yearling, the other 
a barren cow. I was not in at the killing, but I suc- 
ceeded soon after in ending the swift-bounding career 
of a fine antelope. We cut the meat from the carcass 
of the two buffalo and placed it in sacks or rather 
strong saddle-bags made for that purpose. The bones, 
neck and horns, save tongue, as well as the hide, were 
left to be more thoroughly cleaned and devoured by 
wolves, the ever-ready scavengers of the plains. My 
trophy of this day's hunt, minus the head and neck, 
was strapped to the saddle of my horse, and thus by 
her, grudgingly, borne into camp ; but she became ac- 
customed to such work, and protested only at the 
stinging tightness of the cinch. This was our first ra- 
tion of fresh meat since crossing the Missouri River. 
The meat was a treat, fat, juicy and tender. Two days 
after this the hunters, accompanied by the doctor, at 
an early hour started for the hills. They returned in 
the early evening, each with an antelope on his saddle. 
They saw plenty of buffalo, but could not approach 
them sufficiently near to get an effective shot. The 
meat of the antelope, while not as rich and juicy as 
that of the buffalo, is in the spring of the year, when 
the grass is green, sweet and tender. It is of much 
finer grain than that of the buffalo ; and the animal 
is more select in his appetite, eating only the finer 
grass, with a delicate flavoring of the finest sage, which 
in many cases was quite distinguishable. I remember 



42 MEMOIRS OF ORANGE JACOBS 

that not many years ago the choicest beeves were steers 
fattened on the rich and luxuriant bunch-grass of the 
hills, which a week or ten days before marketing were 
driven to and herded in the valleys where the small 
sage abounds. They ate it not as a matter of first 
choice, but of necessity. Such beef, to the epicures, 
was the realization of a long-felt want. 

The work of the hunters was strenuous, and as a 
partial compensation for their longer hours, and the 
beneficent results of the successful work by them, they 
were excused from guard-duty in the night. To this 
all agreed. 

On the second day after the doctor's debut as a 
hunter, I accompanied the hunters to the hills. We 
did not find game plentiful, but we occasionally caught 
the glimpse of an antelope bounding away out of range. 
The day was excessively hot. Late in the afternoon, 
however, the hunters started a large buffalo bull from 
the channel of a dry creek, he ran up the channel to- 
wards me ; and as he attempted to pass me a few rods 
away, I fired and struck him in the heart, and he stag- 
gered, lunged and fell. This was my first buffalo, and 
I was, of course, elated with my luck. The hunters 
would probably have killed him had it not been for my 
fortunate intervention, for they were in close pursuit 
on the higher plateau on either side, and were fast con- 
verging towards him. He could have scarcely run in 
safety, the gauntlet of four such expert riflemen. As 
it was, however, the honor was mine. The pelt or 
robe was large and very fine, but we were compelled 
to leave it and the stripped bones to be devoured by 
the waiting wolves. From thence on until we crossed 
the Rocky Mountains, we had a liberal supply of fresh 
meat, consisting of antelope, buffalo, a few deer, three 



MEMOIRS OF ORANGE JACOBS 43 

elk, one brown bear, and one bighorn Rocky Mountain 
sheep, or goat. 

So far as travel was concerned, each day was but 
the tiresome repetition of the preceding one, with very 
slight variations. When we arrived at Fort Laramie 
we stopped for some three or four hours. We crossed 
the river and made a friendly visit to the officers of 
the fort. We found them to be true American soldiers 
and gentlemen. The commandant told us that he had 
heard of the Pawnee difficulty, and had sent an officer 
and a squad of soldiers to enquire into the affair. He 
was very anxious to hear from us a statement of the 
whole matter. I gave him as full a statement as I was 
able to, and both of us were of the opinion that it 
was precipitated by the want of proper discipline and 
control of the men in the train. This may not be very 
nattering to the white men, but it is the truth, notwith- 
standing. 

I am not a military man, but I was not impressed 
with the idea that Laramie, surrounded as it is by an 
amphitheatre of commanding hills, was a fit site for a 
fort. As against an enemy with modern artillery, I 
thought it to be hopelessly defenceless. As against 
Indians it possibly might do. But then, I knew noth- 
ing of Plevna, similarly situated, and so heroically 
defended by the Turks against a superior and well- 
equipped Russian army. 

Leaving Fort Laramie, we now entered the Black 
Hills country. After a two-days' journey in the hills, 
finding grass, water and wood in great abundance, we 
concluded to rest for two days for laundry and recup- 
erative purposes. Our horses began to show the effects 
of the journey, and the want of their accustomed food. 
No animal has the power of endurance of man, unless 



44 MEMOIRS OF ORANGE JACOBS 

it may be the wolf, " whose long gallop," says the poet, 
"can tire the hounds' deep hate and hunter's fire." 

On the first day of our rest I accompanied the 
hunters into the hills for game. About three miles from 
camp, on a wooded side-hill, they came across a band 
of fifteen or more of elk and succeeded in killing three 
of them. I was not in at the killing, but caught a dis- 
tant view of the noble antlered monarchs of the for- 
est, as they sped away to deeper and safer retreats in 
the depths of the woods. As we did not kill for the 
love of slaughter, but for food, we declared the day's 
hunt a success, and prepared our meat for transporta- 
tion to the camp, in the usual manner. I have killed 
quite a number of elk since that time in the mountains 
of Oregon, but I have never seen one larger than one 
of those, although I have seen much larger and finer 
antlers than adorned the heads of any of them. The 
purpose of the antlers, in my judgment, is not to fur- 
nish the animal a weapon in fight, but as a protection 
to his shoulders as he dashes through the brush in flight 
from an enemy or in pursuit of his mate. "When he 
moves swiftly he elevates his nose until his face is 
nearly in a line with his back; the antlers, extending 
back on each side of the shoulders, thus affording them 
protection. The bucks always lead in such flights, and 
to a certain extent open the way; hence the females 
have no need, or not so much need, of such protection. 
Somewhat disappointed with my failure to get a shot 
at an elk on the preceding day, I again accompanied 
the hunters. We made a wide circuit through the hills, 
some of which were covered with timber, while others 
were bald. That it was a country abounding in game 
was manifest in the signs appearing everywhere. We 
saw a few antelope in full flight and out of range ; we 



MEMOIRS OF ORANGE JACOBS 45 

also startled from his sylvan couch a black-tailed buck, 
being the first of the deer kind seen in our journey. 
One of the hunters sent a ball after him as he bounded 
through the brush and timber, but, unscathed, he 
dashed on. As the day was fast waning we turned 
our horses' heads campward, and commenced the as- 
cent of quite a high hill to take an observation of our 
latitude and longitude, and also to determine the exact 
location of our camp and the best route to it. The 
western side of this hill was covered with brush and 
fallen and dead timber. While we were standing on 
the top viewing the topography of the surrounding 
country, a large cinnamon bear, affrighted by our 
presence, started from his lair, and in all probability 
his patrimonial jungle, and dashed at a furious speed 
down through the brush and over the logs and rocks 
of this steep side-hill. We emptied our rifles at him 
as he plunged downward at such headlong speed. But 
one ball struck him and that broke his right shoulder, 
much diminishing his speed and almost entirely de- 
stroying his climbing powers. We soon came upon 
him at the foot of the hill in a bad humor, but we 
quickly ended his career. He was in fine condition; 
his estimated weight was from 275 to 300 pounds. We 
removed the pelt, with his feet, and took them into 
camp as a matter of curiosity; we also took the meat 
into camp, but it was not much relished. The hide as 
well as most of the meat was given to begging In- 
dians. 

At Laramie a man and his wife and one child — a 
little girl between seven and eight years of age — asked 
permission to travel with us. The man had started the 
year before, got as far as Laramie and had remained 
there during the winter. His team consisted of four 



46 MEMOIRS OF ORANGE JACOBS 

yoke of young oxen, well conditioned for the trip. He 
had a hired man to drive them. He had a band of 
forty heifers and cows. Many of the cows were giving 
milk ; thinking a little milk in our coffee would give it 
a home flavor, we readily acceded to the request. We 
helped him to drive his loose stock and do' the milk- 
ing. When we asked her, by politeness called his bet- 
ter half, for a small quantity of milk, we found that 
we were dealing with a Shylock. She had milk for 
sale, but not to give away. We were about to strike 
when the husband intimated that our canteens were 
useful. We took the hint, and after that, somehow, 
our coffee changed its color. To cut this narration 
short, let me say that while he was six feet tall and 
well proportioned, he stood still higher in the class 
of antivertebrates — henpecked nincompoops — than any 
specimen of the genus homo I have ever known; and 
she stood higher in her class of imperious virago. How 
a child, sweet in her disposition, and lovable in all her 
ways, could be the issue of such a union, was a mys- 
tery to us all. Afterwards I had the pleasure of sav- 
ing the little girl from drowning in the crossing of 
Port Neuf near Fort Hall. A majority of the com- 
pany voted to go by way of Fort Hall and to cross the 
Port Neuf near its junction with the Snake, instead 
of crossing it higher up, thus keeping continuously on 
the highlands. I protested, but finally yielded to this 
almost unanimous desire. I think the agreeable com- 
panionship of some of the factors of the company with 
whom we had become acquainted, at Soda or Steam- 
boat Springs on Bear River, had much to do with this 
determination. From the Fort, where we were hos- 
pitably entertained, to the bluff and road beyond the 
Port Neuf was about five miles. The water of the 



MEMOIRS OF ORANGE JACOBS 47 

Snake and the Port Neuf had but recently overflowed 
the valley between the two, and left it a miry quick- 
sand morass, almost impossible of passing It took us 
three days of hard labor and strenuous efforts to reach 
the bluffs. The heavily-loaded wagon of the nincom- 
poop and the virago was almost constantly mired. We 
had little to do with him, but with her it was a con- 
stant conflict. At last we got her wagon to the river. 
He was on the highlands with the loose stock. The 
river for twenty feet or more was from seven to ten 
feet in depth. With a true team and a proper wagon 
this space could be safely passed. Her team, however, 
consisting of a horse and a mule, when they reached 
deep water made a lunge, then balked. The wagon 
filled with water and the current turned it over. She 
had insisted on driving and on having the little girl 
with her in the wagon. When it went over quite a 
number of us young men, who had been working nearly 
all day in our drawers and undershirts, plunged into 
the stream, and as we passed over the cover of the 
sinking wagon seized it and stripped it from its bows. 
Close beside me the little girl popped up ; I seized 
her, and with a few strokes took her to shore, with 
no damage done her save a good wetting. It was a 
question, for a short time, whether the virago would 
drown the young men who were trying to save her, 
or they would succeed in their efforts. I went to their 
assitance and we brought her to the shore, but she 
needed the doctor's assistance. She had in ballast 
more water than was necessary, and by a rolling pro- 
cess was forced to give it up. Their team having been 
safely extricated — the wagon and its contents on shore, 
and soon transported to highlands, we found among 
their contents a large demijohn of first class brandy, 
4 



48 MEMOIRS OF ORANGE JACOBS 

to all appearances never opened, probably because the 
Snake country had not been reached ; and as the domi- 
nant owner of said brandy was suffering from the too 
free use of water, we all drank to the toast, with a 
delicate courtesy, for her speedy delivery. % Oblivious 
of the fearful danger of microbes, each tipped the 
demijohn at an angle and for a duration of time suited 
to the occasion. This spiritual passage having become 
historic, we hitched up our teams and journeyed onward 
to a creek about two miles distant, where we camped 
for the night. Next morning we bade a sorrowful 
adieu to the sweet, and much-loved and sprightly 
daughter of our train and our whilom companions, and 
resumed our journey down the left bank of the Snake 
River. This road led us over a desolate and treeless 
plain of sage-brush and grease-wood. The sun, at times, 
sent down its rays with scorching power. The alka- 
line dust, betimes rolled up in suffocating volumes. 
The pleasures of the chase were at an end. This dreary 
and waterless plain was not the abode of animal life, 
save the lizard, the horn toad and the rattlesnake. 
Game was said to be plentiful in the foothills and 
mountains, but they were too far away. The few In- 
dians scattered along the river and the far-separated 
and uncertain tributaries had, I am informed, no or- 
ganized tribal relation, but were the vagabonds driven 
off by contiguous tribes. Their subsistance was pre- 
carious, consisting of fish, grasshoppers, crickets or 
black locusts, and an occasional rabbit. But two inci- 
dents worthy of narration occurred in our journey 
down the river. One was a stampede of our horses 
by the Indians about two o'clock a. m. One of the 
four men detailed to guard them on that night in- 
formed me that he was unwell, and I took his place. 



MEMOIRS OF ORANGE JACOBS 49 

The horses were on excellent grass a little over a mile 
from camp. A short time before snndown we rolled 
up our blankets and with our arms, departed for our 
night's work. We all took a careful survey of the 
surroundings and the horses, and then two of us rolled 
ourselves up in our blankets to be awakened at one 
o'clock a. m. Promptly at that time we were called. 
The watchmen reported that all was well; but the 
horses seemed a little restless and uneasy, and the 
watchmen thought that wolves were prowling around 
in the sage-brush, and although unseen by them, the 
presence of the wolves was detected by the keener scent 
and clearer vision of the horses. 

The night was star light and clear. The moon, 
when our watch commenced, was just lifting its pale 
head above the eastern hills. We made a circuit of 
the herd and passed among and through them, for 
some were spanselled and others had long trail ropes 
about their necks. Finding all things in a satisfactory 
condition, my companion took his position on the left 
of the center of the herd, and I a similar position on 
the right. Scarcely had we got to our position when 
a small band, or party, of Indians suddenly arose from 
the sage-brush about midway between us, and, with a 
wild whoop and nourish of blankets, startled the horses 
and sent them, with all the speed they were capable 
of making, towards the distant western hills. I fired a 
shot at long range in the direction of the perfidious 
savages, but I am quite certain that it did them no 
harm. They immediately disappeared, however, in the 
thick sage-brush, and I saw no more of them until I 
had succeeded in stopping the horses. I got hold of 
several trail-ropes, one of which belonged to my favor- 
ite riding mare; I quickly mounted her, and with a 



50 MEMOIRS OF OEANGE JACOBS 

dash I was soon in front of the affrighted animals. I 
talked to them ; they knew my voice and stopped. The 
horse looks to his master as his protector. I have seen 
many proofs of this fact in my lonely wanderings in 
the hills and mountains, with no companion but my 
faithful horse. Such a horse always knows where yon 
are; if he does not, he will take your trail and come 
to you. If in a strange wood, and you get separated 
from him, he will often whinny; but I am digressing. 

After having succeeded in stopping the affrighted 
animals, I took a careful survey of my desolate sur- 
roundings. I saw to my left three Indians standing on 
a slightly elevated ground, and I raised my rifle to fire. 
They saw my movement and they quickly dropped to 
the ground. I sent a bullet as near as I could to the 
spot; and while I think it did them no injury, yet it 
was a notice that I was armed, and an admonition not 
to come within range. I was satisfied that they were 
unarmed, save with bows and arrows, which, to be ef- 
fective, required both ambush and a short range; so, 
although five or six miles from camp, I was fearful 
of neither. 

I saw that the horses, hobbled or spanselled, were 
very much impeded in their ability to travel, only 
being able to go by short jumps. Dismounting, I un- 
buckled some and cut the hobbles of others. About 
three miles from camp I met a rescuing party, among 
whom was my guard companion. I was inclined to 
blame him for not accompanying me in my wild race, 
but I have long since forgiven him. Such an incident 
was not uncommon in the early migrations to this coast. 
The attemps were numerous, but generally not as suc- 
cessful as this one. 

The next day, early in the morning, as we were 



MEMOIKS OF OEANGE JACOBS 51 

moving slowly along at the foot of a high and bald 
ridge, whose top was enveloped in fog, we heard com- 
ing from the top a shrill voice saying in prolonged 
accents, ' ' Steal Hoss — God dam ! ' ' Some thought it to 
be the voice of an angel; others said that if the voice 
was that of an angel, it must have come from a fallen 
angel, because the language was very improper for one 
retaining his first estate; while others suggested that 
it was nothing, but an extract, or echo from my solilo- 
quy, as I dodged through the sage-brush and grease- 
wood on that awful night in hot pursuit, of our af- 
frighted and fleeing horses. Despite the plausibility of 
this last suggestion, I adhere to Lord Byron's conten- 
tion that the anatheme was the nucleus of England's 
native eloquence; and if so, why not of Indian ora- 
tory? 

After passing around the point of this angelic 
ridge, the road diverges to the westward from Snake 
Kiver and passes over some high, bald ridges separat- 
ing it from Burnt River. 

On the afternoon of the 17th of July, an oppress- 
ively hot and sultry day, our train descended from a 
high and volcanic table land to the narrow valley of 
Burnt River in Southeastern Oregon. The way down 
was through a long, narrow and treeless canyon into 
which the sun poured with focal power. This canyon, 
and, in fact, Burnt River valley, is the home of the 
festive rattlesnake. He is of the large yellow bellied 
species, fierce in his war moods, and deadly when, from 
his spiral coil battery, "He pours at once his venom 
and his length." 

Impatient with the slow progress we were making, 
myself and three other young men that night, resolved 
that in the morning we would dissolve our connection 



52 MEMOIRS OF ORANGE JACOBS 

with the train, and hasten, with longer marches and 
quickened pace, to our journey's end. Accordingly, 
early the next morning we packed our provisions, 
blankets and other personal effects on our horses, and, 
bidding adieu to our companions, shouldered our rifles 
and, with reliant faith in our ability to protect our- 
selves, started on. Our course was up the narrow, 
silent and gloomy valley of Burnt River. The banks 
of the river were fringed with a stunted growth of 
cottonwood and poplar. On either side were high and 
treeless hills of red earth and rocks, the still remaining 
evidence of the presence of tremendous igneous agen- 
cies in the far-distant past, and which, no doubt, gave 
the river its name. We camped at noon on a small 
brooklet which came rollicking down from its canyon 
home until it reached the valley, and then, embosomed 
in willows and tall rye grass, flowed silently on to the 
more noisy and pretentious river. A short distance 
from camp in a sunny glen we discovered an abund- 
ance of service berries and black currants, large, lus- 
cious and fully ripe. Having tasted no fruit of any 
kind for over three months, that noonday repast was 
not only greatly relished by us, but it awakened asso- 
ciations of home and home life. As we feasted we 
talked of sister, mother and the bright-eyed girl far 
away. All things enjoyable must have an end. 

It was time to move on. On our return to camp 
we came across a monster rattlesnake, coiled up and 
defiant in his lonely home. Having heard it said that 
tobacco was a deadly poison to this species of snake, 
we concluded to stop long enough to verify or dis- 
prove this saying. We cut some long willow switches 
and split the smaller end, into which we fastened a 
quantity of strong, fine-cut chewing tobacco, moistened 



MEMOIRS OF ORANGE JACOBS 53 

so that the juice would flow freely, and then presented 
it to his worthy snakeship with our compliments. He 
struck it three times viciously. We could not induce 
him to strike it any more. He had got a quantity of 
the juice and some of the tobacco in his mouth. It 
manifestly had taken all the viciousness out of him. 
He was evidently subjugated. He began slowly to un- 
coil, and as he lay at full length a tremor passed over 
him and he was seemingly dead ; but for fear he might 
recover we bruised his head, not with our heels, but 
with stones. 

In stating this little incident I have wandered 
somewhat from the thread of my narrative. I do this 
for two reasons: First, to show that I am a lover of 
experimental science; and, secondly, to show that the 
filthy weed may be put to a good purpose. 

Late that afternoon we made our last camp in the 
dismal valley of Burnt River. The next morning we 
made an early start, and found ourselves on a high 
sage-brush plateau just as old Sol was lifting his 
fiery rim above the eastern horizon. To me an alka- 
line plain covered with unsightly sage-brush, burnt 
with fervent heat, destitute of water and animate with 
no carol of bird, or hum of insect, is the very symbol 
of desolation; a silent, monotonous and dreary* waste, 
fit only for the habitation of lizards, horned toads, and 
other reptiles. Such, to a great extent was the pros- 
pect before us. We consulted our guide-book and 
learned that the only water for over forty miles was 
a well or spring near the road, some twenty miles dis- 
tant. 

We pushed on. The day was intensely hot. Two 
o'clock came, and three, and four, but no spring. We 
had, evidently in our headlong eagerness to make dis- 



54 MEMOIRS OF ORANGE JACOBS 

tance, overlooked it. The sun went down in a bank 
of clouds, whose storm-heads loomed above the Blue 
Mountains, to our left. Darkness came on. The gleam 
of lightning and the sullen roar of distant thunder 
warned us that a storm was coming. The fast-ascend- 
ing clouds soon covered the sky, and the darkness be- 
came intense. We called a halt, and decided to stop 
for the night. We unpacked our horses and turned 
them loose with trail-ropes fastened to their necks. 
By the friendly aid of the lightning we were able to 
spread our blankets amid the sage-brush. I must con- 
fess that as I lay that night wrapped in my blankets, 
with a saddle for my pillow, startled ever and anon 
by the lightning's fearful glare, and listened to the 
rolling thunder as it reverberated with many voices 
through the canyons of the Blue Mountains, a spirit 
of absolute loneliness came over me. I was homesick. 
I thought of my father's home, where there was com- 
fort and abundance. I was also troubled with the 
thought that our horses might hopelessly wander away 
in that night of storm. But balmy sleep — tired Na- 
ture's sweet restorer — soon put an end to these melan- 
choly reflections. I slept soundly despite the storm, 
and did not awake until the gray streaks of morning 
streamed up the eastern sky. When fairly awake, I 
leaped from my blankets, uncovered and examined my 
rifle, and after buckling on my belt in which were a 
Colt's navy revolver and hunting knife, without dis- 
turbing my companions, I started on a hunt for our 
horses. I soon found their trail and followed it with 
quickened speed. I found them about three miles from 
camp in a beautiful little valley covered with grass, 
and through which flowed a small streamlet of pure 
cold water. After quenching my thirst and filling my 



MEMOIES OF OKANGE JACOBS 55 

canteen, I mounted my favorite animal, and rode back 
to camp, the others following. I arrived at camp be- 
fore my companions had awakened. I aroused them 
with a wild whoop, and treated them all from the con- 
tents of my canteen. We speedily packed np and has- 
tened onward in search of green fields, and especially 
running brooks. About eight o'clock we came to a 
tributary of Powder River. Here we cooked our break- 
fast, not having eaten anything but hard tack for over 
twenty-four hours. 

We made a late camp in the afternoon of that day 
on Grand Rounde River. The evening of the next day 
found us on the west bank of the Umatilla River. These 
long and forced marches had begun to tell unfavorably 
on our horses. I was reminded of the declaration that 
man had better bottom and finer staying qualities than 
any animal, except the wolf. Enured as we were to 
hardship and in perfect health, with no surplus flesh, 
and with muscles hardened by over three thousand 
miles of travel, mostly on foot, the wolf even, could ill 
afford to give us percentage in a race that involved 
staying qualities. Our camp being an excellent one, 
and grass, wood and water, as well as fish and game, 
being abundant, we decided to remain for three days 
to recruit our jaded horses. 

While out hunting the next day, I came upon the 
camp of a white man, about a mile up the valley from 
our camp. I made bold to appear at the door of his 
tent, and found a middle-aged and jolly-looking man 
who received me with open-handed cordiality. With 
a smile he told me that his name was Kane, that he 
was the Indian Agent for that portion of Oregon. In 
answer to his inquiries I told him all I remembered 



56 MEMOIRS OF ORANGE JACOBS 

about myself, and he, as a compensation, gave me a 
brief synopsis of his personal history. The conversa- 
tion soon turned on Indian habits and customs; the 
numerical strength of the tribes in the great Columbia 
basin, their war tendencies and their desire of, and 
capability for a higher civilization, at least so far as 
the tribes under his supervision were concerned. He 
argued that they had already passed from the purely 
savage state to the pastorial; that they were owners 
of large bands of horses, had made a commendable 
start in the acquisition of horned cattle, and were very 
desirious of increasing their stock. He said that quite 
a number of individual Indians owned from one hun- 
dred to five thousand head of horses, "and to convince 
you," he said, "that these Indians desire to advance 
in the line of higher civilization, I may mention the 
fact that a Cayuse chief, the fortunate owner of over 
2,000 head of horses, and has an only and lovely daugh- 
ter, offers to give 600 head of valuable horses to any 
respectable white American who will marry his daugh- 
ter, settle down among them, and teach them agricul- 
ture. ' ' He gave a glowing description of this maidenly 
flower, born to blush unseen, and waste her sweetness 
on the bunch-grass plain. Touched by the inspiration 
of his eloquence, I inadvertently expressed my desire 
to see this incomparable princess. The agent responded 
that he had business with the chief and that he would 
accompany me on the morrow to his camp, situated 
about six miles up the valley. Nine o'clock in the 
morning was fixed for starting. I returned to our 
camp, rehearsed to my companions the incidents of the 
day, and took an inventory of my rather limited ward- 
robe. Be not alarmed, gentle reader; I am not about 
to tell you what my attire was on that interesting oc- 



MEMOIES OF ORANGE JACOBS 57 

casion; suffice it to say that it was becoming to an 
American sovereign. 

At the appointed time I was at the agent's camp. 
Two horses saddled, with ropes aronnd their lower jaw 
for bridles, were in readiness. I approached the one 
allotted to me, but as I neared it, it snorted and shied. 
I inquired if it was gentle. "Perfectly so," was the 
emphatic answer. An Indian held him, however, as I 
volted into the saddle. He let go, and we bounded 
away at a furious speed. At the distance of two miles 
or more I found him willing to yield to the pressure 
on his jaw and to slacken his headlong pace. We 
arrived at the Indian village about 10 a. m. It was 
stationed on the margin of the river in a beautiful 
grove of timber. It consisted of a dozen or more coni- 
cal shaped tents. We rode up to the front of the prin- 
cipal one, dismounted, and hitched our horses by drop- 
ping the trail rope to the ground. The chief came to 
meet us, and his reception of the agent seemed to be 
very cordial. I was introduced as his friend, and we 
shook hands and said "Klahowa" to each other. We 
entered the tent. There was no furniture, so we were 
seated on a roll of bed-clothing next to the wall. An 
animated conversation was kept up between the chief 
and the agent. I did not understand the Indian dia- 
lect, nor could I then speak the classic jargon; hence 
I had plenty of time and opportunity for observation. 
My eyes rolled around the somewhat contracted royal 
mansion. I saw there a dumpy female of middle age, 
with a heavy but knotted and uncombed head of hair 
silently engaged in ornamenting a new pair of mocca- 
sins with steel and glass beads. This could not be the 
princess ? 

The agent told me that the chief desired to talk 



58 MEMOIRS OF ORANGE JACOBS 

with me about the incoming emigration; I assented, 
the agent acting as interpreter. This conversation end- 
ing, I went out to take a more accurate survey of the 
village. While standing in front of the chieftain's tent, 
a young Indian woman, riding astride of a very fine 
horse, approached the tent. She reined up her steed a 
few feet in front of me, showed a little astonishment 
at my presence, and lightly dismounted without any 
assistance from me. She tarried for a moment to pet 
her horse, thus giving me an excellent chance for ob- 
servation. While I can not say that her form was 
sylph-like and elegant, yet her features were not ir- 
regular, nor was her form misshapen. She was of me- 
dium height and stood erect. Her head was covered 
with a luxuriant growth of dark coarse hair, flowing 
over her shoulders and extending down to her waist. 
Her hair was neatly combed ; around her neck she had 
several strings of different-colored beads, large and of 
bogus pearls; she had on a short gown closely fitting 
her neck and body, and extending to her knees; it 
was made out of soft buckskin and was tastefully or- 
namented with beads, and fringed around the bottom ; 
her lower limbs were wrapped in buckskin leggings 
with fringed stripes at the sides ; her feet were covered 
with a neat pair of moccasins, ornamented with beads. 
Such was the chieftain's daughter as I then saw her. 
She dashed by me and entered the tent. I soon after 
followed. I judged from the long and inquiring stare 
of the mother, and the quick and abashed look of the 
daughter, that the agent and chief were talking about 
me ; and I subsequently learned that such was the fact. 
By invitation of the chief we stayed for dinner. I will 
not detain you by a description of that repast. After 
dinner we smoked the pipe of peace and friendship, 



MEMOIRS OF ORANGE JACOBS 59 

then bade adieu to the chieftain and rode back to our 
camp. The next day I went up to the agent's camp 
and wrote for the "Detroit Free Press" a description 
of the Umatilla Valley and the surrounding country, 
stated the number of Indians residing there, their mode 
of life, their habits and customs, together with their 
desire for civilization. I stated the generous offer of 
the Cayuse chief, and closed with a glowing descrip- 
tion of the dusky princess. I mailed the letter at The 
Dalles. 

In due time we arrived in the Willamette Valley. 
Over three months elapsed before I received a copy of 
The Free Press containing my letter. By a strange 
perversion the printer had changed the word "ca- 
yuse" into "hans." This explained a mystery. Quite 
a number of letters directed to the chief of the "Hans" 
Indians, care of the superintendent of Indian affairs 
for Oregon, had been received by him. No one know- 
ing anything about the Hans Indians. These letters 
were afterwards published in the Oregon papers. I 
will give from memory a synopsis of two of them. 
The first was written by a Michigan man, and he was 
endorsed by Lewis Cass, Henry Ward Beecher and 
many other noted persons. It was a plain, straight- 
forward letter and unconditionally accepted the chief- 
tain's offer. He desired to be speedily notified, in order 
that he might come on to accept his patrimony and 
open his agricultural school. The other letter was 
written by a Virginian. He was endorsed by the Sena- 
tors of that State and by most of its Eepresentatives 
in Congress. A daguerreotype accompanied the letter. 
This gallant gentleman stated to the Chief that he 
would scorn to accept the hand of the daughter unless 
he could first win her heart. He flattered himself, how- 



60 MEMOIES OF ORANGE JACOBS 

ever, that he would have no difficulty in that matter. 
The whole tone of the letter was that of a regular 
masher. I do not know whether these letters ever 
reached the chief and his fair dusky daughter or not, 
nor do I know whether he was blessed or cursed with 
a white son-in-law. 

My belief is that the perverseness of that Detroit 
printer obstructed the civilization of a tribe. 

In conclusion, the jolly Indian agent was gathered 
to his fathers years ago. The bow has fallen from the 
nerveless grasp of the generous chieftain. The princess 
may still be alive ; if so, and if her eyes by chance should 
fall upon these lines, she will, no doubt, remember the 
bashful and ungallant young man who met her in front 
of her royal father's mansion in the beautiful Umatilla 
Valley in 1852. 

On the morning of the fifth day after our arrival 
in the beautiful and fertile valley of the Umatilla we 
resumed our journey. Our first point of destination 
was The Dalles. There we replenished our nearly ex- 
hausted stock of provisions. From thence, our first 
camp was at the eastern base of the Cascade Moun- 
tains. We passed over this rugged and densely-tim- 
bered range by the Barlow Eoute. In addition to the 
stillness of the solemn and continuous woods, and the 
majestic splendor of the amphitheatre of surrounding 
mountains, there is the steep descent at once of Laurel 
Hill from a summit plateau to the valley of the Sandy 
River below. While it involves some sacrifice of truth 
to call this the descent of a hill, it requires a greater 
poetic imagination, from the few stunted Madronas, not 
laurels, standing on the western rim, of this summit 
table-land, to call the place Laurel Hill. I saw wagons 
with their household goods and gods descend this so- 



MEMOIRS OF ORANGE JACOBS 61 

called hill. None but pioneers on whose brow and 
face sunshine and storm had stamped their heraldic 
honors, who had swam cold and turbulent moun- 
tain streams, had passed down steep, rocky and dan- 
gerous canyons, and had crossed treacherous streams 
of quicksand, would ever have attempted this descent. 
To such seasoned veterans, impossibilities had a con- 
stantly diminishing radius. With a steady yoke of 
oxen — or a true and biddable span of horses — with a 
long and strong rope fastened to the hind axle-tree of 
the wagon and wound around some contiguous tree 
and gradually loosened, the wagons were safely let 
down these rough and almost perpendicular descents. 
My information is that no wagons pass over this road 
now. It answers for a bridle-path and pack-trail, and 
no more. Old Mount Hood, along whose southern base 
we passed, stood forth in her imperial grandeur. The 
waters of the Columbia wash her northern base and 
the southern base of Mount Adams, her sister peak. A 
huge rock-ribbed canyon, at the bottom of which rolls 
the Oregon, separates the two. 

An interesting Indian tradition connected with 
these mountains has a narrow yet substantial footing 
in fact, but a broader, more airy and more poetic 
foundation in myth. It runs thus : 

Prior to the tremendous conflict and convulsions 
mentioned herein, the waters of the Columbia and of 
its many tributaries were confined in the great basin 
east of the Cascade Mountains. They had no outlet 
to the ocean. Mount Hood and Mount Adams had for 
ages been friends; but in process of time they became 
estranged. That estrangement deepened in intensity 
until it culminated in a tremendous conflict. They 
hurled giant boulders at each other. From their tops 



62 MEMOIRS OF ORANGE JACOBS 

they sent against one another huge and flaming vol- 
umes of fire and molten lava. In their herculean and 
supreme efforts for victory they tore asunder the 
mountains and let the long-accumulated waters of the 
upper basin rush downward to the ocean. Thus, was 
their separation made final and irrevocable. 

It is not in the line of this narrative to marshal 
the reasons for, or against the probability, or improb- 
ability, of Indian legends. If I should depart from 
this rule in this instance, I would say that the similar- 
ity of the rocks on both sides of the great Columbia 
Eiver gorge; the presence of submarine shells em- 
bedded in the great eastern basin, as well as the for- 
mation of its converging ridges, and the character of 
its soil, lend a certain tinge of verification to a portion 
of this legend. The other portion may be taken as a 
poetic description of volcanic action, with an attend- 
ant earthquake or seismic convulsion of great intensity, 
and of tremendous force. 

From this speculation, let us return to more solid 
ground. There are two rivers heading near the same 
point, in the marshes and the highest tableland of the 
Cascade Mountains. The waters of the one, flow east- 
ward and find the Columbia by a tortuous course east 
of the mountains; the waters of the other, flow west- 
ward and empty in the Columbia above the mouth of 
the Willamette. The Barlow Road is located on the 
northern side, of this depression, or break in the moun- 
tains. Let this brief, and imperfect geographic state- 
ment serve as an introduction to the following inci- 
dent: 

Late in the fall of 1847 a large ox-train, with 
many loose cattle, attempted the ascent of the moun- 
tains by the eastern river, but were finally blockaded 



MEMOIRS OF ORANGE JACOBS 63 

by the constantly-increasing depth of snow. There 
were many women and children, as well as stalwart 
men, in the train. The situation was perilous, threat- 
ening great suffering, and the possibility of starvation ; 
hence, two men were deputed to cross the intervening 
snow-fields to the Willamette Valley for assistance. R. 
and B. were the men chosen for the difficult task ; and 
with both of them I subsequently became well acquaint- 
ed. Equipped with snow-shoes, they successfully passed 
over the summit's ridges to the desolate base of old 
Mt. Hood. Here they were enveloped in a dense fog 
— that most fearful of all calamities to a man in un- 
known woods, or mountains. Even to the experienced 
hunter or trapper, familiar with the topography of a 
mountain range, or a dense forest, the coming-in or 
settling-down of a fog envelopment, is viewed with 
apprehension, and alarm. A fog obliterates all the 
landmarks. Darkness has different shades of black- 
ness; — the depth before you has an intensified black- 
ness; the shadow of a mountain peak makes its huge 
column, or wooded side still darker. R. and B. be- 
came bewildered in the continuous fog. Their pro- 
visions were exhausted, and they were subsisting on 
snails. R. was six feet and well proportioned — brawny 
and enured to toil; B. was smaller and of a more deli- 
cate constitution. R. was a pronounced skeptic ; B. 
was a man of faith and inclined to look for safety to 
a higher power when immediate danger was impend- 
ing: hence, while R. was eagerly hunting for food, B. 
was engaged in prayer. One day, deep down under 
the snow, R. found the slimy trail of a snail; it led 
directly under B.'s knee. R. pushed B. aside, saying: 
' 'Get out of my way — I am nearly frantic for that 
snail." The game was soon captured, and R. gener- 
5 



64 MEMOIRS OF ORANGE JACOBS 

ously divided it with his starving companion. At the 
conclusion of their scanty feast, B. said to R. : "Yon 
are much stronger than I am, and you will probably 
survive me : now, if I die, what will you do with me ? ' ' 
"Eat you, sir: eat you!" was the emphatic reply. B., 
in his subsequent narration of the incident, said that 
the idea was so abhorrent to him that it nerved him 
up until their escape was made. The families were res- 
cued, and they came down the Columbia River to the 
Willamette Valley, while most of the stock was left on 
good pasturage east of the mountains. R. and B. have 
long since been gathered to their fathers. Their trials, 
difficulties and dangers are over. May they rest in 
peace ! 

Crossing the Sandy we arrived at Foster's, situ- 
ated at the west end of the Barlow Road and at the 
western base of the Cascade Mountains. We were now 
in the great Willamette Valley. What a change pre- 
sented itself! Here were green fields, meadows and 
pasturage lands. The breezes were moist and balmy. 
For over three months we had been crossing over 
scorched and desolate plains, encountering quite a num- 
ber of sunburnt, treeless and waterless deserts. In this 
valley vegetation of all kinds was luxuriant and the 
smaller fruits abundant. For over three months we 
had eaten no vegetable food, and we never before so 
warmly appreciated the beauty and poetry of beets, 
onions, cabbages, potatoes and carrots. I remained 
in the vicinity of Foster's for four days. On the 
evening of the fourth day a rancher by the name 
of Baker, who lived on the Clearwater offered 
me employment. He had let in the sunlight on 
about ten acres of very fertile soil in the dense forest. 
This he cultivated in vegetables. He took a canoe-load 



MEMOIES OF OEANGE JACOBS 65 

every day to Oregon City, distant about five miles by 
his water route. My business was to prepare these 
vegetables for transportation, for which I received five 
dollars per day; but one morning he set me to rail 
making and after working a day at it I struck. He 
was much amused at my rail making performance. He 
asked me if I could shoot well; I answered that that 
was just to my hand. So the next day we took our 
rifles and went up the creek-bottom and found deer 
very plentiful. I shot two fine bucks while they were 
bounding away, and Baker was much pleased by my 
ability in this line ; so he offered me six dollars a day 
for every day that I would furnish him, on the bank of 
the creek, two deer. I successfully did this for ten 
days, when, the game becoming somewhat scarce in that 
vicinity, he wanted me to go out some six or seven 
miles into the foothills of the mountains. This propo- 
sition carried with it so much loneliness and isolation, 
that it was declined. 

While wandering through the valley of the Clear- 
water and the adjacent hills, I was much struck with 
the wonders of petrification. I saw huge fir-logs, petri- 
fied. I can never think of what I then saw without 
recalling a story which I heard while delegate to Con- 
gress, and at Washington City. Congress always makes 
liberal appropriations for the investigation of the flora 
and fauna, and the mineral indications, as well as the 
water supply or rainfall, in the territories, and in the 
desert portions of the United States. Rugged old Ben 
Wade, while a Senator from Ohio, always opposed these 
appropriations as a waste of the people's money in 
what he styled, bug-hunting expeditions. Two scientists, 
eminent for their learning, and known as Major Hay- 
den and Captain Powell, were usually employed in 



66 MEMOIES OF ORANGE JACOBS 

these explorations. The Major was said to be some- 
thing of a martinet, while the Captain was an excel- 
lent judge of human nature, and had plenty of what 
the Philosopher Locke called " round-about common- 
sense." While on one of these scientific exploring ex- 
peditions these two gentlemen were in the mountains 
near Pike's Peak. That country abounds in fine speci- 
mens of petrification. One day the Major met a com- 
pany of miners, and related to them the wonderful 
specimens of petrification seen by him that day. The 
miners listened with eloquent, but I fear insincere, at- 
tention to the Major's statement. When he had con- 
cluded, one of them said: "If you will go with me, 
Major, to the other side of the ridge, I will show you 
a specimen of petrification that discounts anything you 
have seen today." The Major listened while the miner 
said, that at the base of a nearly perpendicular wall 
of rock, extending upward several hundred feet, there 
was an Indian with a rifle in his hand pointing at an 
angle upward towards the rock; that both Indian and 
rifle were petrified; that the smoke around the muz- 
zle of the gun was petrified ; and, what was more won- 
derful, that a short distance from the muzzle of the 
gun a cougar was petrified right in the air. The Ma- 
jor showed some uneasiness as the story proceeded, and 
said at its conclusion: "I was inclined to believe you 
when you began, but now I know you are lying. ' ' The 
miner softly put his hand to his pistol, but, relenting, 
said : "You are a tenderfoot and I forgive you ; but why 
did you say I was lying?" "Because," said the Ma- 
jor, "I know that the laws of gravitation would bring 
that cougar down." "The laws of gravitation be 
damned," said the miner, "they were petrified too." 
I visited Oregon City with my friend, and observed 



MEMOIRS OF ORANGE JACOBS 67 

the beautiful falls of the Willamette and the waste of 
electrical and mechanical power. Returning to his 
humble home, I bade him the next day a regretful 
good-bye, and with my horses started for a point in 
Mill Creek Valley, six or seven miles south of Salem, 
to the home of a friend with whom I became acquainted 
on the plains. This friend had taken up a claim, and 
I found him busily engaged in the erection of a build- 
ing which might be styled in architecture as a midway 
between a dwelling house and a cabin. He had de- 
termined, as soon as this structure was completed, to 
go to the mines in Southern Oregon. I also concluded 
to try my luck in digging for gold. In the latter part 
of October, 1852, in company with two other gentle- 
men, we started for the mines in Rogue River Valley, 
Southern Oregon. The habitations in the Willamette 
Valley at that time were few and far between. Large 
bands of Spanish cattle roamed over, and found am- 
ple food in the upper portion of the valley. It was 
dangerous for a footman to pass through that country. 
On horseback he was safe. But little of interest oc- 
cured on. this trip. My friend claimed to be and he 
was an expert rider. He had a large and powerful 
Spanish horse as his riding animal. While in the Ump- 
qua Valley he mounted this horse one morning without 
saddle or bridle on a steep hill. The horse viciously 
resented this breach of etiquette and plunged with 
stiff-legged vaults downward and sideways on the 
steep incline, throwing his rider over his head. 
The rider struck with his full weight and the 
momentum of the horse's motion, on his right 
hand, throwing the small bones, to which some of the 
muscles of the inner arm are attached, out of their 
sockets at the base of the palm of the hand. The tend- 



68 MEMOIRS OF ORANGE JACOBS 

ency was for these muscles still further to contract — 
thus aggravating his injury. The nearest doctor was 
fifty miles away. Upon examination, I concluded that 
these small bones ought to be forced into their proper 
place, if possible, before inflammation intervened. We 
accordingly placed the injured man upon his back on 
the ground, and as the operation would be very pain- 
ful, the others held him securely while I forced these 
bones back into their sockets. Then we bound the 
wrist tightly, so as to keep them in place. When we 
arrived at the Doctor's he, after an examination, com- 
plimented me highly for my surgical skill, and gave me 
credit for saving the wrist of the injured man. On our 
way to the mines we passed through what is known as 
the Canyon in the mountain-spur that separates the 
Umpqua country from the Rogue River county. Peo- 
ple now passing through this canyon scarcely appre- 
ciate the difficulties attending the passage which then 
existed. The canyon is formed by two streams, both 
heading in a small pond or lake at the summit of the 
mountain; the one that flows northward is called Can- 
yon Creek. It was then crossed eighty-four times by 
the road. The other stream flowed southward and was 
crossed by way of the road over sixty times. In the 
rainy season, and especially when the mountains were 
covered, or blockaded with snow, the passage was al- 
most impossible. The passage was strewn with the 
wrecks of wagons and the bones of horses and mules. 
Subsequently, Congress made an appropriation of $40,- 
000 for a military road through this mountain gorge. 
This money was faithfully expended by General Hook- 
er. The distance through the canyon is about nine 
miles. General Hooker built the military road on the 
side of the mountain. In quite a number of places you 



MEMOIRS OF ORANGE JACOBS 69 

can sit in the stage and look down into a nearly per- 
pendicular and sunless abyss hundreds of feet in depth. 
Large sums of money have since been expended by toll 
corporations, to keep this military road passable and in 
repair. 

We arrived at Jacksonville, in Southern Oregon, in 
the first part of November. 

To a person who prior to that time had always been 
accustomed to a different order of society, and who 
had never visited the mines in the palmy days of Cal- 
ifornia, a new social order was manifest. I state the 
facts and the impression they made upon me as a ten- 
derfoot ; but I ought to add that since that time, having 
become somewhat familiar with such scenes, my moral 
sense has toughened, so that my ability to "endure" 
is far greater now, than then, though my judgment as 
to the ultimate moral result of such a social order has 
never changed. 

There were in Jacksonville and its immediate vi- 
cinity from seven to eight thousand men, possibly more. 
The coat as an article of dress had fallen into "innoc- 
uous desuetude." Soft slouch hats were universally 
worn. There were but a few women, and most of them 
not angelic. The mines were rich, money was abund- 
ant, and gambling rampant. I ought not to omit the 
dance-halls that pointed the lurid way to perdition. I 
said that money was abundant; I do not mean by this 
that much United States gold coin was in circulation. 
There was a five-dollar gold piece that had its origin 
in Oregon. It was stamped on one side with the words 
"United States of America," and on the reverse side 
with the impress of a beaver; hence, it was called 
* ' beaver money. ' ' It was of the same size of the minted 
half-eagle, but contained more of gold. The other 



70 MEMOIRS OF ORANGE JACOBS 

piece of money in circulation was octohedron in shape 
or form. It was stamped on one side the same as the 
beaver money, and on the reverse side were the words 
"Fifty Dollars." It contained more gold than the 
same weight of minted coin; but the money used in 
nearly all transactions was gold dust; hence, every 
merchant, saloonkeeper or gambler had his gold scales 
at command. Gold dust had a standard value of six- 
teen dollars per ounce, and purchases were paid for in 
gold dust. There was some silver in circulation, but 
the lowest denomination was twenty-five cents. A 
drink of milk, glass of beer or any other liquor, was 
twenty-five cents. Sunday was partly a laundry day, 
but mostly a gala day. Mining ceased on that day. 
All came to town to see the sights, to hear the news, 
to try their luck at the gambling tables, or to purchase 
supplies for the coming week. This day was a harvest 
day for the gambler, the saloonkeeper, and the mer- 
chant. While there was a large quantity of alcholic 
beverages consumed, drunkennes was at a minimum. 
Nearly everyone carried a pistol in his belt, and a 
sheath-knife in his boot. Homicides were not frequent ; 
this was due to the character possessed by the great 
body of miners, who acted on the great law of honor, 
and to the fact that to call a man a liar or to impeach 
the honor or his origin, or to use towards him any 
epithet imputing dishonor, was to invite the contents 
of a pistol into the accusers physical economy. The 
laws of chivalry and honor were the only laws obeyed 
in such matters. This kind of society, rough and un- 
couth in its exterior, had a strong basis in the nobler 
principles of a chivalric manhood. It had also a poet- 
ic side, being composed principally of young men; it 
did not suppress the finer impulses and feelings of their 



MEMOIES OF OKANGE JACOBS 71 

better nature. As an illustration : there was located in 
the valley a family, consisting of husband and wife 
and two children. They had quite a number of cows 
and kept milk for sale. A large number of young men 
used to visit this family every Sunday for the osten- 
sible purpose of buying milk, when the real purpose 
was to see someone who had the form, the purity and 
the affection of a mother. When they left the humble 
abode of this mother, they talked of their own mothers, 
of home and its sweet recollections. The strong liga- 
ments of a mother's love serves as a moral anchor 
to them in the billowy storms of life even, far away 
from that mother. 

Personal property of great value, such as gold in 
sluice boxes, though unguarded, was perfectly secure. 
The sneak thief, the burglar and the robber were con- 
spicuous by their absence. Probably the certainty, 
promptness and severity of the punishment deterred 
their visitation. 

There were no churches in that mining town, and 
religious services were infrequent. I remember one 
incident in this line: A Methodist minister, by the 
name of Stratton, came over from California and no- 
tices were posted that he would preach the next Sun- 
day. There was a large building in process of erec- 
tion for a gambling-house on the opposite side of the 
street from the principal gambling saloon. The roof 
was on this new building and a large party of us, de- 
siring to hear the Gospel again preached, fitted up this 
hall with seats from the unused lumber. The minister 
had a large audience, the seats were all filled and hun- 
dreds stood on the outside of the building. He was an 
able and eloquent man and presented the simple story 
of the Gospel in a very forcible and earnest manner. 



72 MEMOIRS OF ORANGE JACOBS 

When he had concluded his sermon, the contribution- 
box was passed around and carried across the street 
to the gambling saloon, and they all contributed liber- 
ally, some of them dropping into the box a fifty-dollar 
gold piece. As soon as he had pronounced the bene- 
diction, two mounted auctioneers, one desiring to sell 
a horse, the other a mule, requested the audienc to 
remain while they offered them bargains and cried the 
virtues of these animals. Most of the audience did 
remain and the bidding was quite spirited and ani- 
mated; so you see that that congregation had an op- 
portunity to hear the Gospel, to buy a horse or a mule, 
as each man's wants might demand. 

Civil government had not been extended over that 
section of the country. The only system they had was 
the Alcalde system. This was borrowed from Califor- 
nia, and by the Californians was borrowed from the 
mining jurisprudence of Spain. Every mining com- 
munity of any considerable size had its Alcalde. He 
held his office by election, and his jurisdiction swept 
over the entire field of jurisprudence. There was no 
appeal from his judgments or decrees. Jacksonville 
and its mining community had such an officer; his 
name was Rogers. I think he was a lawyer, but had 
long since ceased to practice. He was a grey-headed 
and venerable-looking man. He administered the un- 
written and the unclassified law of justice and equity as 
it appeared to him from the facts of each case heard by 
him. His judgments and decrees were promptly en- 
forced; but there came a change. In the fall of '52 
four men in the Willamette Valley formed themselves 
into a co-partnership for mining purposes, and with 
their horses and provisions went to Jackson Creek to 
try their fortune at mining. At first they were not 



MEMOIRS OF ORANGE JACOBS 73 

successful. Provisions running low, they dispatched 
one of their number to the Willamette Valley with 
their horses to bring in an ample supply of provisions 
for the fast-approaching winter. This partner, sent 
on such a mission, became acquainted on his trip with 
a blooming damsel who had just crossed the plains. 
He made love to her; she reciprocated, and they were 
married. The season had far advanced when the honey- 
moon was over. He brought, however, on his delayed 
return an abundant supply of provisions. His part- 
ners during his absence, had located some claims, open- 
ed them and found them very rich. But on his return, 
while they accepted the provisions, they denied to him 
all accounting, and refused to acknowledge his interest 
in the new-found claims. He brought an action before 
the Alcalde for an accounting and for the affirmation 
of his interest in the claims. The Alcalde, after hear- 
ing and fully considering the facts of the case, granted 
both of the petitions. Up to this time I had had no em- 
ployment in the case and had taken but a general in- 
terest in it. The defeated parties called a miners' 
convention, whose declared object was the election of 
a judge of appeals for that and other cases. My con- 
nection with the case commenced at this point. I was 
employed by the successful party before the Alcalde, 
and by others, to oppose this movement. At the ap- 
pointed time nearly all of the miners of Jackson Creek 
and its vicinity assembled in convention at the ap- 
pointed place. The feeling for and against the propo- 
sition was quite intensified. After the convention was 
organized I arose and with some trepidation addressed 
the large crowd. I was listened to throughout with 
silent and respectful attention. I took the position, 
first, that inasmuch as the machinery of civil govern- 



74 MEMOIRS OF ORANGE JACOBS 

ment had not as yet been extended over that district 
of the country, the Alcalde system prevailed, and 
thousands upon thousands of valuable properties had 
changed hands by virtue of the Alcalde judgments 
and decrees and their enforcement, and the property 
rights of many were dependent upon the validity and 
stability of such judgments and decrees, all would be 
endangered by the proposed change; that his minis- 
terial officers might be subject to prosecution; that 
under such circumstances we had better stand upon 
the records of the past, — records as old as the institu- 
tion of mining in the United States. I further argued 
that if we attempted to complicate affairs by the elec- 
tion of a judge of appeals, and possibly by the institu- 
tion of other tribunals for the correction of error, we 
turn a system simple in itself, and beneficent in its 
operations in the past, into a complicated farce. I 
argued in favor of the probability of the Legislature, 
when it extended its machinery of civil government 
over that section of country, passing an act validating 
the judgments and decrees or providing for a liberal 
mode and time for an appeal from them. My last 
point, omitting others, was that this movement had its 
origin in, and promotion by, the parties defeated in 
the Alcalde's court. If they had the power to secure 
a determination in favor of a court of appeals they 
certainly had power to elect the judge of appeals ; that 
as this would be the first case to be heard by him, they 
certainly would not elect a judge who was not favor- 
able to their interests; and that it had the appear- 
ance to me of a court organized to convict or to re- 
verse. I pushed this point with every reason and every 
illustration and consideration that I could command, 
I appealed in conclusion to their native sense of jus- 



MEMOIRS OF ORANGE JACOBS 75 

tice and equity, and closed after speaking a little over 
an hour. I was roundly applauded. My opponent 
was what was known in the States as a pettifogger. 
I use this term not opprobiously. He was an old 
miner and possessed the power of rough-edged ridicule 
and philippics. He thought that the best way to an- 
swer my argument was to annihilate me. His descrip- 
tion of a beardless tenderfoot coming all the way from 
Michigan to teach veteran miners what they ought to 
do, or ought not to do was certainly amusing, if not 
overdrawn by its exaggeration. He was frequently 
applauded by his side. When he was through the vot- 
ing commenced. The contending forces arrayed them- 
selves on each side of a line with a space of four or 
five feet between them. The pulling and hauling across 
the space was continuous. After several efforts to make 
an accurate count, it was reported to the President that 
there was a majority of from three to ten in favor of 
the proposition. The next move was to select a judge 
of the court of appeals. This was soon accomplished. 
The judge so elected notified the parties of the time 
and place where the appeal was to be heard. At the 
appointed time I appeared and filed a written protest 
and demurrer to his jurisdiction. When I had finished 
reading them he promptly, and without hearing the 
other party, overruled both protest and demurrer. He 
heard the case anew and promptly reversed the judg- 
ment of the Alcalde. I think this was the only case 
the judge of appeals ever heard. Nothing but the 
dignity of the office remained. In after years I became 
well acquainted with said judge, but I never mentioned 
the subject to him. A more extended account of this 
affair is given in one of Bancroft's histories of the 
coast. The record or papers filed by me in this case, 



76 MEMOIRS OF ORANGE JACOBS 

I have been informed, are in the archives of Jackson 
County. 

Two incidents occurred late in the fall of '53 
which as they are somewhat historical in their char- 
acter and results, may bear narration. Rogue River 
Valley was unoccupied and afforded abundant pastur- 
age for horses and mules and horned cattle. Some en- 
terprising fellow had just pre-empted all of that por- 
tion of the valley west of Bear Creek, and received 
stock for pasturage on that pre-empted domain, at so 
much per head. Late in the fall, four fine American 
horses had been stolen from this pasture. The theft 
was immediately attributed by the owners, and by the 
keepers of the stock, to the Indians. A party of hot- 
headed fellows, headed by the owners of the lost horses, 
went to the Indian Ranceree on Rogue River and took 
four of its younger men as prisoners, or rather as host- 
ages — threatening to kill them if the stock was not 
delivered within a week. The hostages were brought 
to Jacksonville and strictly confined until the time 
should elapse. This action created great excitement 
among the Indians, and to save the lives of their com- 
panions they hunted for the lost animals in every di- 
rection, but could find no trace of them. The Rogue 
River Indians gave it as their opinion that a band of 
Klamath Indians but recently in Rogue River Valley, 
on a trading expedition, had stolen the horses and 
driven them across the mountains to the Klamath Lake 
country. The fatal day arrived and the horses were 
unfound; and the determination was expressed by a 
large party of miners, reinforced by the gambling ele- 
ment, to carry the threat into execution. One of the 
Indians asked that he might talk to the whites before 
he was led out to execution. His request, after some 



MEMOIRS OF OEANGE JACOBS 77 

considerable opposition, was finally granted. His speech 
was interpreted into English and ran, as far as I re- 
member it, abont as follows: He said that neither 
himself nor his companions had stolen the horses, and 
that they knew nothing about their loss ; that the white 
man did not claim that they stole the horses, but they 
were to be killed because others had stolen the white 
man's horses, and neither they nor their friends were 
able to deliver them up to the white man; that the 
Indians had always treated the white man kindly — 
when he was hungry they gave him something to eat — 
but the white man had taken possession of their coun- 
try, had driven the game far away into the mountains, 
had decreased the number of fish in the rivers and 
streams by muddying their waters, and had by the 
tramping of their horses and cattle destroyed the Ka- 
mas and Kouse upon which they largely subsisted and 
had entirely destroyed the grass and other seeds which 
they gathered in large quantities for food ; that he felt 
like one wandering alone in the deep fog and dark 
timber on a mountain side, and he heard the voice 
of the spirits of his fathers calling to him "be quiet 
and brave ; the Great Spirit will avenge you. ' ' He 
closed. Someone moved that the punishment be miti- 
gated to whipping. I protested against any punish- 
ment at all, but voted for the mitigation. The mo- 
tion carried ; the poor innocent Indians were led away 
to receive the punishment; but I must say that the 
executioner of the sentence did not lay on the lash in 
a severe and brutal manner. The Indians were told 
to go : and they stayed not on the order of their going, 
but left with good speed. Such unjustified acts are 
pregnant with trouble, and the Indian war followed 
soon after. 



78 MEMOIRS OF ORANGE JACOBS 

There lies east of the southern portion of Rogue 
River Valley a wide slope of land free from timber 
and ending at the rim of the mountain, and beyond 
and easterly from which — there is a high mountain 
table land — covered with fine green timber, among 
which sleep verdant valleys whose arms extend like 
the radius of a star, in every direction. Some of these 
valleys are wet and marshy, while others are dry and 
produce a rich and abundant growth of bunch grass. 
There was a large number of stock pastured in this 
section of country. Occasionally a small band of the 
fattest and largest steers would mysteriously disappear 
from this range. The number disappearing increased 
each successive year. The cattle men became alarmed, 
and organized an armed and mounted patrol to keep 
guard and watch over their stock. In the fall of '51 
it was reported that some five or six fine steers were 
missing from their accustomed range. A search was 
immediately made and the trail of the missing cattle 
discovered. It led over the rim into the mountain 
basin or plateau, above referred to and across a marsh, 
now, and from this circumstance, called Dead Indian 
Prairie, and up a narrow arm of the prairie to a moun- 
tain culmination in a lonely spot, surrounding on nearly 
all sides by a dense growth of tall chapparal brush. 
Here the carcasses of the cattle, also the bodies of 
three Indians were found, with all the indications that 
they had been recently killed. These patrol men said 
that they also found the meat of the slaughtered cattle 
on platforms, with a slow fire of hardwood still burning 
beneath them. Thus the process of jerking preparatory 
to packing was in full operation. They gave it as their 
opinion that the cattle had been stolen by Klamath 
Indians, and that a party of predatory Modocs came 



MEMOIES OF ORANGE JACOBS 79 

upon them a short time before the patrol men ap- 
peared, and, finding a good opportunity to supply them- 
selves with food, shot down the Klamaths; but that 
before they could appropriate to themselves the booty, 
the whites made their appearance and the Modocs hid 
away in the chapparal brush. This theory was received 
by their employers as rational and satisfactory. In 
'58 I visited this country for the first time — having 
heard the story, I sought the spot where the tragedy 
occurred. There were still the bleached bones of the 
cattle and the whitened skeletons of three Indians. 
The platform was still standing, and the extinguished 
brands of charcoal and the ashes, of the vine-maple 
fire still existed. 

It was late in the afternoon. The sun was fast 
disappearing behind the western hills. I hesitated for 
a moment whether to take a long route by way of the 
narrow prairie to our camp, or to go down the brush- 
covered mountain sides and thus cut off at least a mile 
of the distance. The side of the mountain down which 
I determined to go, was said to be infested with grizzly. 
I examined my rifle and pistol, to see if they were in 
order and then with rapid strides commenced the de- 
scent. When about half way down I heard a rustling 
in the brush to my left; I turned and looked in that 
direction, and saw two large grizzlies on their haunches 
attentively surveying me. My first thought was to 
shoot ; but as my rifle was a muzzle loader, I concluded 
that discretion was the better part of valor, inasmuch 
as there were two of them — hence I stood quiet till 
they dropped out of sight in the brush. I did not 
allow the grass to grow much under my feet, as I 
dodged through the chapparal brush to reach the prai- 
rie beyond. I am convinced that I could have killed 

6 



80 MEMOIRS OF ORANGE JACOBS 

one of them, but what to do with his enraged mate, 
was the question. I remember the answer of a young 
man, who, while hunting, came across a grizzly prob- 
ably in her own jungle, in about the same way. He 
was asked why he did not shoot; his answer was, that 
it would be some honor for a man to kill a full grown 
grizzly, but a far greater honor for a grizzly to kill a 
man. 

This great basin — circular in form and some eight 
miles in diameter — has been visited by me in connec- 
tion with hunting parties many times since. It is, or 
was in former years the hunter's paradise; but I am 
informed that the cattle men — the pre-emptor, and the 
homesteaders, -and timber monopolizers — have extended 
their dominion over the luxuriant grass-producing prai- 
ries and the magnificent forests of pine, fir, hemlock 
and larch, and have driven the game far back into the 
fastnesses of the mountains. The Indian kills only to 
satisfy his wants and with only imperfect instruments 
of destruction ; he did not menace the entire extinction 
of the beasts of the field and forest, hence game 
of every kind existed and multiplied all around him; 
but to the white man, armed with a repeating rifle, 
and fired with a devouring avarice their doom is fixed. 
Nothing but the intervention of the strong arm of the 
law can avert the decree of annihilation. Having al- 
luded to this matter once before in these sketches I will 
not pursue it further here. 

Black-tail deer were abundant on this mountain 
plateau, and it did not take long for a party of good 
shots to obtain all the venison desired. We did not 
kill for the mere love of slaughter, but for food and 
for the attendant excitement and recreation of hunting. 

There roamed through these forests numerous small 



MEMOIRS OF ORANGE JACOBS 81 

bands of elk; I say small bands, for I have never seen 
them here in such large herds as I have seen in the 
Coast and Olympic ranges of mountains. They seemed 
to exist here in family groups, ranging in number from 
three to seven or eight. I counted one group, however, 
numbering fifteen, in an exploring expedition in the 
dark woods near the base of snow-crowned Mount Mc- 
Laughlin. I had a fine opportunity to shoot a good 
sized buck whose head was crowned with large and 
fine antlers; but was so distant from camp and the 
ground was so rough and difficult of access, that I 
forebore, and seated myself on a rock to study their 
habits and to watch their movements. These small 
bands were quite difficult to find, for the elk is a great 
roamer, but with pluck and perseverance, and the dis- 
comforts of sleeping on their trail perhaps for one 
night, we were usually successful, unless the trail led 
into the impassable breaks in the mountains. 

The bear family was well represented in this moun- 
tain plateau. The black, the brown, the cinnamon, the 
grizzly and what is known among hunters as the mealy- 
nosed brown bear, were plentiful. This last species of 
bear, if it be proper to call them a species, I have 
always thought was a cross between the grizzly and 
the brown bear. His nose or muzzle up to his eyes 
is nearly white. Like many crosses, he inherits all 
the bad qualities of his progenitors, and seemingly, 
none of their good qualities. In size he is between the 
grizzly and the brown bear. While most of the species of 
the bear family will run on the approach of man, unless 
one comes upon them suddenly in their patrimonial 
jungle, or a female with her cubs, the mealy-nosed 
bear is inclined to stand his ground, and to resent any 
crowding upon him. Doctor Livingston says, in his 



82 MEMOIKS OF ORANGE JACOBS 

Book of Travels in Africa, that if you come upon the 
lion in the day time, he will face you and quietly look 
at you; and if you stand still he will in a short time 
turn and look at you over his shoulder, and then 
commence easily to move away, and when he thinks 
he is out of sight he will bound off with accelerated 
speed. The mealy-nosed brown bear acts very much 
in the same manner. Hunting parties sometimes have 
with them a leash of trained bear-dogs, and they always 
close the hunt in a chase for bruin. There is in this 
kind of sport a dash of danger, that makes it all the 
more exciting. 

Hunters, like poets, are born. Keenness of vision, 
presence of mind in case of conflict or danger, together 
with steadiness of nerve, are the essential character- 
istics of a true hunter. No practice or exercise can 
fully supply these qualities. I could narrate many ex- 
citing and dangerous conditions, or situations, arising 
from the want of some of these qualities; but as the 
actors may be living, I omit them. 

I am at liberty to narrate only my own acts and 
mistakes. I cannot omit from these sketches the first 
grizzly killed by me. Myself and companion were 
camping on Dead Indian Prairie, when we were in- 
formed that there were some fresh elk-tracks near a 
large wet prairie some three miles from our camp. We 
started out to hunt for these elks. "We went up a nar- 
row prairie through which flowed a small brook to a 
larger prairie through which this brook also flowed. 
The brook was fringed on each side with a thick growth 
of willows from three to five rods in width. We hitched 
our horses near the larger prairie, and my companion 
was to go carefully through the timber on the right 
hand, while I was to cross the brook and carefully 



MEMOIRS OF ORANGE JACOBS 83 

scout the timber on the left hand. Shortly after I 
had crossed the brook and got a good view of the prai- 
rie beyond, I saw a large grizzly feeding near the outer 
line of the willows. He was some sixty or seventy 
rods away. I considered for a moment, my plan of 
action. I had left my pistol at the camp and had only 
my rifle and hunting-knife. I kept in the timber out 
of sight until I got opposite to him and probably about 
forty rods away. Grass on the prairie was tall, and 
I concluded that as I only had one shot, I would get 
closer to him; so I crawled through the grass towards 
him until I was possibly twenty rods away. He com- 
menced to act as though all was not right, and he 
stood listening, reared upon his haunches, and snuffing 
the air. I began to get a little nervous. I desired to 
get a shot at or near the butt of his ear. While he 
was listening, however, he kept turning his head from 
me and towards the willows. I concluded that I could 
strike his heart, and quickly brought my rifle in posi- 
tion, and fired. He fell to the ground; I arose to my 
feet and commenced to reload. My rifle was muzzle- 
tight, and I had to carry in my pouch a bullet-starter. 
Having got the powder in the gun and started the ball, 
just as I pulled the ramrod he arose to his feet. As 
I was in plain view, he started directly for me. Cast- 
ing my eye around, I saw a hemlock tree, with pendent 
limbs, some thirty or more rods away. I started for it 
with all the speed I possessed. As he was running on 
a kind of circle hypothenuse, I could see that he was 
rapidly closing the space between us. He was probably 
fifteen or twenty feet from me when I dropped my 
rifle and leaped for the branches of the tree. My 
aspirations were lofty just then. Had he come on, 
he might possibly have gotten me, but I was soon out 



84 MEMOIRS OF ORANGE JACOBS 

of his reach. He stopped to grasp my rifle and shook 
it violently. It was a half-stocked rifle, and he bit 
off a portion of the stock. He stayed around the tree 
some three or four minutes licking his wound, which 
I subsequently found was less than half an inch too 
high. It was a mortal shot, but did not produce im- 
mediate death. He suddenly leaped to his feet and 
dashed off to a thicket of chapparal some twelve or 
thirteen rods away. I descended from the tree, found 
my rifle to be in an effective condition, rammed down 
the ball, put on a cap and ran for a tree standing out- 
side of the chapparal brush — listened and looked; and 
I quickly saw him. He had run into the forks of a 
felled tree and had all the appearance of life. I fired 
at the butt of his ear, but he did not move. I reloaded 
and carefully approached him and found him to be 
dead. He was poor, but was estimated to weigh some 
two hundred and fifty or three hundred pounds. We 
took his pelt, and after a good deal of persuasion and 
blindfolding my riding-horse took it into camp. 

Moral: no man has the right to hunt grizzly bear 
with a muzzle-loading rifle and muzzle-tight at that. 

I have several times since then, either alone or with 
a hunting companion, met them, and with a Remington 
repeater found no difficulty in commanding the situa- 
tion. 

The winter of 1852- '53 was distinguished for — so 
far as the memory of the oldest inhabitants recalled — 
its unprecedented deep fall of snow. 

Rogue River Valley is rimmed around on all sides 
by high ranges of mountains. These mountain ranges 
were rendered impassable for pack trains or other 
modes of transportation. The supply of provisions in 
the mines grew less and less, until it was nearly ex- 



MEMOIRS OF ORANGE JACOBS 85 

hausted. Flour and beef, the staples of the miners' 
diet, went up to a dollar a pound and more; salt was 
worth nearly its weight in gold. This was the result 
of a corner, however. In these circumstances myself 
and three partners, who had purchased some mining 
claims a considerable distance down Rogue River, took 
our blankets, rifles and a scanty supply of provisions 
on our backs and started for our claims. It was with 
some difficulty that we were able to reach them. They 
were gulch claims, and if intelligently worked under 
fair conditions of the weather would yield about an 
ounce a day to each laborer. We commenced work 
on them, but the weather was so inclement and the 
snow fall so continuous that we suspended. I ought 
to have stated that there was quite a good log cabin 
on the claims. My partners all claimed to be good 
hunters, but showed no disposition to try or show their 
skill in that regard. I did all the hunting and suc- 
ceeded in keeping the camp quite well supplied with 
venison. I finally tired of their masterly inactivity, 
and my strenuous work in wallowing about in the 
snow. 

I also ceased hunting. The provisions were soon 
exhausted. Nothing was left but coffee and sugar, of 
which we had a fair supply. With a drink of strong 
coffee well saturated with sugar, and jolly in spirit, 
we treated the situation as a huge joke. We all started 
out for venison. I saw nothing during the day, but 
frequently heard the report of the rifles of my part- 
ners. Each shot was full of hope. We all returned 
quite late in the evening, and the report of nothing 
killed was somewhat dismaying. We made, however, 
a cup of strong coffee — told our best stories, then rolled 
ourselves in our blankets to dream of home, and of our 



86 MEMOIRS OF ORANGE JACOBS 

father's house, where there was bread enough and to 
spare. We rose early the next morning, taciturn and 
sad; not much conversation was indulged in. Each, 
after his breakfast of coffee and sugar, took his own 
course into the woods, while I had my accustomed ill 
luck of seeing no game. I heard reports of my com- 
panions' rifles, but their echoes did not carry with them 
much of faith, or hope. I returned quite late that 
evening and found my companions all in the cabin. 
Things began to look serious. We took our accus- 
tomed coffee and sugar, and soon retired to our bunks 
to dream of tables loaded with provisions; but some 
fatality always prevented us from reaching them. I 
was hungry, and while slowly working my way through 
the snow to the cabin I looked anxiously for some bird 
or squirrel that I might kill and eat. The next morn- 
ing we held a short consultation to determine whether 
it was better to leave, or to make still further efforts 
to obtain provisions. In the afternoon of that day I 
saw a large buck and three does in a clump of brush 
above me on the mountain side. They were too far 
away for an tffeM.ve shot — so I slowly approached 
them. They saw me and were somewhat disturbed by 
my presence. They could not go higher on account of 
the increasing depth of snow. I was lying on the snow 
with my rifle in position, watching an opportunity for 
a successful shot. All at once the buck left the chimp 
of brush and came plunging down the mountain side, 
attempting to pass me some eight rods to my right. 
If I ever looked through the sights of a rifle with a 
desperate determination, it was then. I fired when he 
was nearly opposite me, and he plunged headlong into 
the snow. I had struck him fairly in the heart, and 
life was immediately extinct. I got to him as soon as 



MEMOIRS OF ORANGE JACOBS 87 

I could, after reloading my rifle, and cut out of his ham 
a piece, which I ate while it was still warm. It had 
the same effect upon me for a short time as a drink of 
strong brandy has upon an empty stomach. I cut off 
the saddle, threw it over my shoulder, and started for 
camp. It was in the dusk of the evening when I ar- 
rived. My partners were there, and when they saw 
me coming said nothing, but with a fixed gaze, as 
though to be certain of relief, fairly grabbed the saddle 
from my shoulders, rushed into the cabin and began 
to roast and eat. The roasting was not overdone. 
About midnight, for fear that wolf or cougar might 
find the portion left on the mountain side, they took 
my trail to where it was, and brought it in. We stayed 
about a week longer, but I had no difficulty in killing 
an abundance of venison. I did the hunting ; my part- 
ners did the packing. On the last day of our stay I 
killed three deer, and with the echo of my last shot, 
the ghost of starvation, which I had imagined was 
standing on the clouds and pointing Willametteward, 
disappeared in thin air. 

Resting for two days, and in the meantime having 
received an offer for our claims from a company min- 
ing on the bars of Rogue River, my partners were 
anxious to accept the offer. I first opposed it, but fin- 
ally consented. My partners were not only tenderfeet, 
but they were subject to periodic attacks of cold feet. 
I drew the bill of sale, and each partner took his $250 
in gold dust. It was an unwise transaction, for the 
claims were worth much more. We all determined to 
go to the Willamette Valley. When we arrived at the 
road we found that many miners, especially of those 
living in the Umpqua, or Willamette Valley, were re- 
turning home. The second night we stopped at what 



88 MEMOIRS OF ORANGE JACOBS 

was called a hotel, about four miles south of the mouth 
of the canyon. It rained hard and continuously all 
of the second day of our journey, and we wallowed 
through the slush, snow and water until about 11 
o'clock p. m. before we reached our stopping-place. 
The next morning early, twenty-five or thirty of us 
were at the southern mouth of the canyon and on the 
creek that flows south. We found it a dashing, foam- 
ing and roaring torrent, but it had to be crossed; so 
eight of us, with strong poles in our hands, standing 
in a line, elbow to elbow, moved slowly and in unison 
through the tumbling waters. The worst, so far as that 
creek was concerned, was over. The other crossings 
were made without so much difficulty, or danger. It 
rained continuously all day. We arrived at the little 
lake on the summit about noon. There we commenced 
the descent of Canyon Creek proper. This has a larger, 
deeper and more furious current. The first crossings 
were accomplished without much trouble or peril; but 
as we descended the mountain its volume increased and 
its current became so swift and strong, that we were 
compelled to make our way, the best we could, on the 
steep mountain side. We crawled under logs and over 
logs, and in dangerous places hung onto brush to steady 
us. I was among the first to reach the hotel near mid- 
night of that awful day, tired, wet and hungry. We 
were now in a land of plenty, and although we paid 
a dollar each for one meal of good, plain, solid food, 
we did not begrudge it. The next day we made a 
camp in an old deserted shack in the valley and re- 
mained there for about a week. The flood had swept 
away all the ferry-boats on the South Umpqua, and 
there were no means to cross that swollen and rapid 
river. The ropes, or cables still remained, however. 



MEMOIRS OF ORANGE JACOBS 89 

The owner of the ferry offered eight of us board, and 
a place to sleep in his barn, if we would assist him 
in the construction or rather digging out, of a canoe 
from a huge log which he had selected for that pur- 
pose. We accepted his proposition, and experience soon 
showed that most of those who had accepted his offer 
were quite good mechanics. One of them, who was a 
wagon maker by trade, was elected as boss, and every 
day, by the continuous stroke of ax, adz and other 
tools, that canoe began to assume the shape and form 
of the real thing. It was full thirty feet in length, 
and of several tons capacity. It might be classed a 
giant in the canoe family. It was placed upon an 
extemporized sleigh, and two yoke of oxen drew it 
to the river bank. The wire or rope extending across 
the river being intact, the next day the builders of 
this ark, or most of them, and the ferryman with his 
two sons, launched it; and we having deposited our 
blankets in it, the owner, seated in the stern, acted as 
captain, while two of the strongest men in the party 
took hold of the rope and by a hand over hand motion, 
to keep it straight in the current, thus attempted to 
work it across the river. But when the stronger cur- 
rent was encountered, it became impossible to hold it 
without filling it with water, and the command was 
given to let go. It rapidly shot down stream, but the 
captain succeeded in steering it into the willows on 
the side where we desired to land, though a consider- 
able distance below, and we all seized hold of the wil- 
lows and succeeded in making a landing. Had we gone 
down stream much further, we might have been com- 
pelled to take an ocean voyage; but all is well that 
ends well. The captain and his two sons thought that 
they could reach the further shore by running diagon- 



90 MEMOIRS OF ORANGE JACOBS 

ally across the current. We stood upon the bank and 
watched the operation, and saw that it was successful. 
I have stated probably with too much particularity 
this incident in order to show something of the hard- 
ships, as well as joy, of pioneering. 

The trip across the Umpqua Valley and down the 
"Willamette was a continuous wade through slush, and 
mud, and the steady downpour of the garnered fatness 
of the clouds. I had for my companion a, seemingly, 
intelligent man, but a pronounced pessimist, bordering 
on the anarchistic type. His gloomy philosophy of life 
added a moral chill to the prevailing dampness. I 
gladly bade him adieu in the hills south of Salem, 
where I departed to the home of a friend. Safely ar- 
riving there, I rested and recuperated for ten days. 
I had adopted the maxim, never to pay board when I 
had the ability or capacity to earn it. I therefore con- 
sidered what it was best to do, and I determined to 
teach school for a time, and then to return to Michi- 
gan. I drew up a simple article of agreement and 
went up into the Waldo Hills — that country being set- 
tled with families — to offer my services as a school- 
teacher. The prospect proved to be not very encourag- 
ing, although I offered to teach a three-months' school 
for five dollars a scholar, and board. Three-days' ef- 
fort secured but seven-and-a-half scholars. The after- 
noon of the third day was an alternation of rain and 
snow. I stopped quite late in the afternoon at the 
house of Mr. Waldo, the father of the late Hon. John B. 
Waldo. I freely stated to him the object of my visit, 
and he promptly told me that he did not care to sub- 
scribe. I stood for a time waiting for the storm to 
abate somewhat, when he suddenly asked me what 
State I came from; I answered "from Michigan." He 



MEMOIRS OF ORANGE JACOBS 91 

said laughingly that they wanted no more Michigan 
men, or men from the North to come to this country, 
for they had already, by their presence, changed the 
climate. After a moment I asked him from what state 
he came; he proudly answered, "from Virginia, sir." 
I laughingly replied "that if we had any more Vir- 
ginians in this country I feared we would have neither 
schools, nor churches, nor any other agency of civiliza- 
tion." He said to me: "Walk into the house, and 
we will talk this matter over." We walked into the 
house ; and as Cervantes ' work, containing the exploits 
of Don Quixote, lay on the table, the conversation 
turned upon that. I was quite familiar with the work, 
and its absurdity and wisdom, and we discussed chival- 
ry and its social aspect, as well as its system of land 
tenures, together with Sancho's judgment after he 
became governor of the island, and Don Quixote's pro- 
found maxims of government. By his invitation I 
stayed all night. He said to me the next morning that 
as a matter of courtesy, I should see certain friends 
whom he named, and that as there would be a meeting 
held in the school-house, which was also used as a 
church, he would have it publicly announced at that 
meeting, that school would be opened by me at that 
place, one week from the following Monday. I fol- 
lowed his advice, and at the appointed time there was 
quite a full attendance of pupils. Mr. Waldo was some- 
what eccentric, but in him was embodied that prin- 
ciple of the Roman maxim, that true friendship is ever- 
lasting. 

I ought possibly to have stated that the first per- 
son that I called upon in my educational venture 
was a baldheaded and sharp-visaged man, with a family 
of five boys, the youngest of whom was over ten years 



92 MEMOIRS OF ORANGE JACOBS 

of age. He told me that his oldest son had been almost 
through arithmetic, and that it would require some 
ability in a teacher to instruct him. I modestly in- 
formed him that I thought I could do it; but my as- 
surances did not seem to satisfy him, and he only signed 
one-half of a scholar. During our conversation he told 
me that he was a poet, that he had crossed the plains 
in '45 and had written an account of the trip in poetry. 
He said he would like to repeat a portion of that poem ; 
but before he did so he exacted from me a promise that 
I would give him an honest opinion of the merits of 
his poem. He was a weird and skeleton-like man, and 
rising to his feet, and with sundry gestures, repeated 
his poem to me. It was a hard matter for me to keep 
a solemn aspect on my countenance during this recita- 
tion. I only remember two lines: 

"The Soda Springs lay on our way — 
It makes good beer, I do say." 

When he took his seat, I stated to him briefly some 
of the laws of poetic composition, and then showed 
him how his lines failed to comply with these laws; 
I added, however, by way of salving his feelings, that 
genius knows no law, and was not to be judged by 
ordinary mortals. He seemed a little nettled, and re- 
plied that he had repeated his poem to a great many 
people, who were scholars and good judges of poetry, 
and that they had pronounced it a fine performance. 
This ended the incident. Had my judgment been given 
before he signed one-half a scholar, it would probably 
have been one-tenth, or a still smaller proportion of a 
scholar. His boys all attended school, however, and he 
personally urged me to teach another quarter. On the 
last day of school, many of the parents came in and 



MEMOIRS OF ORANGE JACOBS 93 

paid me for my services, three hundred dollars, and 
hired me for six-months' more teaching at the same 
price. I taught in all about three years in that neigh- 
borhood. 

My teaching career was in every way pleasant, and 
I have every reason to feel proud of the positions of 
honor and trust attained by at least three of my pupils, 
and by the general financial success and high moral 
standing of all. Judge Bellinger, late of the United 
States District Court of Oregon, was a pupil of mine 
for about a year. He was the son of poor parents, 
and by sheer force of intellect and study pushed his 
way to the front, and to the honorable position which 
he attained, and which he held at the time of his death. 

John B. "Waldo, recently demised, was also a pupil 
of mine for about two years. He was a sober, clear- 
headed, studious and somewhat taciturn boy, quick to 
perceive and prompt to act. He became judge of the 
Supreme Court of the State of Oregon for one term. 
His decisions are models of clearness, and directness. 
In addition to his store of legal learning, he probably 
knew more of the flora and fauna, of the mountains 
of Oregon than any other man. He was not a man of 
robust constitution, and his health was precarious. His 
death, in the prime of manhood, was deeply mourned 
by all who knew him. 

Our own honored Oregon Dunbar, was also a pupil 
of mine. He was a frank, open-hearted boy, of deter- 
mined will and intense application. He had what the 
great law-writer Bishop calls a legal mind — a natural 
perception of the relation of legal truths — and superior 
powers of classification and generalization. He is emi- 
nently a fit man for the position he holds on the Su- 
preme Bench of Washington. Long may he continue 



94 MEMOIRS OF ORANGE JACOBS 

as a distinguished member of that Bench — and late may 
be his return to Heaven ! 

With such a triumvirate of integrity, high legal at- 
tainments, and judicial honor, a teacher may well feel 
proud. While it is the duty of the teacher to aid and 
assist his pupils and to impart instruction in the various 
branches taught, yet this is not his whole, or principal 
mission. His higher and nobler mission is to arouse 
into action all the latent forces and qualities of his 
pupil's nature and to inspire him with a noble ambi- 
tion to conquer in the arduous conflicts of life. If he 
succeeds in the accomplishment of this, he has fully per- 
formed his mission. 

After I ceased to teach public school in Marion 
County, I became the private tutor of the children of 
R., who was at the time Superintendent of Indian Af- 
fairs for Oregon and Washington. I also became to 
some extent his literary secretary. R., though not a 
learned man, had business capacity of a high order. 
In religious matters he was an agnostic, and he read 
more of Shakespeare than he did of the Bible. He 
was a man of inflexible integrity, and a capable and 
faithful administrative officer. He was much interested 
in Indian civilization, and talked much of it. He was 
of the opinion that the system of most of the churches 
was wrong in principle, and not fruitful in good re- 
sults. He maintained that the first move in this work 
of civilization was to improve the physical condition of 
the Indian, and that the moral improvement would 
come as a slow, but necessary consequence. Being full 
of the subject, he concluded to call a council of the 
chiefs and the principal head men of the various tribes 
under his jurisdiction, and to impart to them his ideas 
in this behalf. The time was fixed, the place named 



MEMOIRS OF ORANGE JACOBS 95 

was the general council hall in the city of Salem, and 
notices were sent out requesting their attendance. R., 
while he had a good residence in town, usually spent 
most of his time upon his fine farm in the country. 
At the appointed time he invited me to go with him 
to the council and take notes of the proceedings. When 
we arrived at the council chamber we found from fifty 
to seventy-five Indians seated on the floor with their 
backs to the wall. After a general salutation, R. took 
a seat on the rostrum and requested an Indian whom 
he knew to act as interpreter. As the interpreter could 
not speak in the language of the various tribes repre- 
sented, the jargon was adopted as the mode of com- 
munication — all the Indians understanding that. R. 
briefly stated to them the object of the council, and 
then asked the question, "Did they desire fine houses, 
fine horses and cattle, and plenty to eat and wear": 
R. was a very emphatic man and spoke in short and 
positive sentences. The Indian is a stoic, and if any 
emotion ever agitates him it is not betrayed in his 
countenance. I was much interested in the interpreter. 
He seemed to be full of his mission, and he imitated the 
tone of voice and gestures of R. Having asked the 
question, R. himself emphatically answered that all 
these things that he had mentioned, and which they 
desired, were obtained by "work." He reminded them 
that many of them had visited his fine house in the 
city, and had seen his fine furniture and other things, 
and he asked: "How did I get these things?" He 
again answered, "By work." Having concluded his 
short, emphatic and impulsive speech, silence prevailed 
for a short time. Finally a chief arose and with great 
deliberation adjusted his blanket about him ; this being 
accomplished, he spoke as follows: "We are very 
7 



96 MEMOIRS OF ORANGE JACOBS 

thankful for the good talk of our father; we will con- 
sider it; we cannot answer now." He suggested that 
one week from that time they would meet the good 
father at that place and tell him their conclusions. 

We afterwards learned that they appointed what 
we would call a committee. That committee, in their 
investigations, when they found a man engaged in some 
menial employment and roughly clad, followed him to 
his house, found that it was a very humble abode, and 
was not filled with fine things ; then they followed up 
the merchant, who had many fine things and wore good 
clothes, to his home, and they found a fine house filled 
with fine furniture; they also applied the same test to 
the saloon keeper. Neither the merchant nor the saloon 
keeper, according to their views, worked at all. On 
our way home from the council chamber I ventured 
to suggest to R. that most of the wealth of this world 
was in the hands of men who organized, or directed 
labor or work, and but a small pittance in the pos- 
session of those who actually performed the labor. I 
gave as my judgment that the Indian had no concep- 
tion of this work of directing and organizing labor, and 
that he would not consider it as work at all. At the 
appointed time for the answer, the spokesman for the 
Indians narrated what I have briefly stated above, and 
announced very plainly and flatly as their conclusion, 
that what the good father had said was not true. R. 
was much disappointed at his failure to start a general 
movement upward in the line of Indian civilization. 
I am of the opinion that his feelings went farther and 
impinged on the domain of actual disgust. The subject 
of Indian civilization fell, henceforward, into innocuous 
desuetude. 

Looking at the surface manifestations only, and 



MEMOIRS OF ORANGE JACOBS 97 

not having the ability to look deeper into that com- 
plex machine called society, we cannot be astonished 
at the conclusion reached by the Indian committee. 

While I had the honor to represent Washington 
Territory in Congress, and by request of several mem- 
bers of the Committee on Indian Affairs with whom I 
was acquainted, and while the bill reported by them 
was under consideration and general debate was in 
order, I made a speech on Indian civilization. I shall 
not reproduce that speech here, nor give an extended 
synopsis of it. I commenced with the declaration that 
the philosophy of an Indian's life was to put forth 
an act and to reap immediately, the result of that act; 
that he threw a baited hook into the water, and ex- 
pected to obtain fish ; that he sent an arrow or a bullet 
on its fatal mission, and he expected game; that he 
did not plant nor sow, because the time between plant- 
ing or sowing, and reaping — the gathering and enjoy- 
ment of the result of his work, was too distant ; that it 
requires the highest degree of civilization to do an act, 
or to make an investment, the profits of which are 
not to be realized until the lapse of considerable time : 
that this primary law inherent in an Indian's philoso- 
phy of life is fundamental, and no system for his civi- 
lization can disregard it. My next cardinal proposi- 
tion was that Indian tribes, if civilized at all, must 
be civilized along the lines of their past history, habits 
and modes of life ; that some tribes of Indians subsist, 
and have subsisted for ages, on the products of ocean, 
lake and river; that these are sometimes called fish 
Indians; that to make appropriations to teach these 
Indians agriculture, or the successful operation of the 
farm, is a wasteful expenditure of public money; they 
are naturally sailors, and have carried the art of canoe 



98 MEMOIRS OF ORANGE JACOBS 

making and sailing to a high degree of perfection; 
their larger canoes are models of symmetry, safety and 
strength; that in them they fearlessly go out on the 
ocean a distance of 40 or 50 miles to obtain halibut, 
codfish and fur seals. Let the Government, I said, if 
it desires to civilize these Indians, build them a sail- 
ing-vessel of a hundred tons or more capacity, and they 
will almost intuitively learn to sail and manage it; it 
would act as a consort for their larger canoes and as 
a storehouse for the profits of the sea taken or captured 
by them ; that with such a boat, the Neah Bay Indians, 
for instance, would soon become self-supporting. My 
views had a respectful hearing, and influenced to some 
extent the policy of the Government in that regard. 
A large number of copies of this speech were sent by 
me to the people of the Territory, and to all our Ter- 
ritorial papers; but none of these, so far as I know, 
noticed it further than to say that I had made such 
a speech. Copious extracts from it, containing its 
points, were published in many of the Eastern papers, 
while two published it in full. There was some dis- 
cussion as to the soundness of my views, but generally 
they were approved. So far as the Neah Bay Indians 
were concerned, the Government did build a sailing- 
vessel of smaller dimensions, however, and many of 
the Neah Bay Indians have like vessels of their own, 
and have become, to a great extent, self-supporting and 
prosperous. The same policy in a modified form, but 
in fact the development of the same idea, was adopted 
by Rev. Wilbur, agent of the Yakima Indians; and 
these Indians, to a great extent, have given up their 
nomadic mode of life ; they have small farms, and neat 
and comfortable houses; they have gardens, chickens 
and a large accumulation of domestic animals about 



MEMOIRS OF ORANGE JACOBS 99 

them. They are prosperous, and slowly moving along 
the line to a higher civilization. 

Civilization is a slow process. It takes all the 
forces, moral, intellectual, educational and religious, 
now in successful operation, to hold the world from 
falling back and to move it slowly, but surely onward 
and upward, to a higher plane of civilization. While 
it is a tedious and arduous, if not an impossible task, 
to make a white man, in his habits and modes of life, 
out of an Indian, yet the descent of the white man to 
the modes, habits of life and appearance of an Indian, 
is a sadly speedy process. 

In a trip I made to Colville, Washington, in 1856 
there came into our camp one day a person whom I 
supposed at first to be an Indian. He was dressed in 
buckskin, ornamented with fringes and beads, with a 
blanket over his shoulders; his hair was long and un- 
kept, with no hat on his head and his face bronzed 
like that of an Indian; and he was besmeared across 
the forehead with red ochre, or some other kind of 
paint. I should judge that he was 36 years of age. 
At first he refused to talk, except in jargon ; but after 
a while, when we were alone, he became more com- 
municative, and gave me something of his history. He 
spoke good English. He claimed to be a graduate of 
one of the Eastern Colleges, and I have no doubt his 
claim was true. He had gotten into some difficulty 
in the States and had been living as an Indian for 
some eight years, or more. To all appearances he was 
an Indian; he looked like an Indian and acted like 
one. I was in his company for some three days, and 
when alone he talked to me in good English; he said 
he loved this wild and nomadic life, with its perfect 
freedom from the shams and hypocrisy of so-called 



100 MEMOIRS OF ORANGE JACOBS 

civilization. He said that the hills, the mountains with 
their snow-crowned culminations, the dark woods, the 
silver thread of the stream viewed from an elevated 
point and fringed with green as it went leaping and 
rollicking to its ocean home, were to him an unwritten 
poem, the rythm of which he enjoyed, and the lines of 
which he was trying to interpret. He quoted to me 
from Byron the passage concerning the pleasures of the 
pathless woods, and from Bryant: 

"Where rolls the Oregon, 

And hears no sound, save his own dashings." 

On the evening of the third day he rode away in 
the continuous woods to enjoy, I suppose, their poetry 
and solitude. This case illustrates the facility of the 
descent, by even an educated white man, to the level 
of an Indian ; retaining, however, in his soul, still glow- 
ing, some of the lights of civilization. 

"While I was stopping at E. 's I wrote a series of 
eight articles for The Oregonian, showing the neces- 
sity of manufacturing crevices in the country to hold 
the gold taken out of the gold mines, and also that 
which was being brought in great abundance by its 
citizens from California. These articles were used by 
The Oregonian, by my implied assent, as editorials. 
The Oregonian was the leading opposition paper in 
the Territory, with Silver-Gray Whig tendencies. The 
leading Democratic paper was The Statesman, publish- 
ed at Salem, and owned and edited by Asa Bush, who 
was a sharp, pungent, and effective editorial writer. 
"Tom Drier," as the editor of The Oregonian was 
familiarly called, was an editorial writer of consider- 
able ability. Drier usually added some introductory 
matter to my articles, and also some matter of ampli- 



MEMOIRS OF ORANGE JACOBS 101 

fication, or illustration. It was to me a matter of in- 
terest, and amusement, to note that the editor of The 
Statesman was always able to point out to its readers 
the matter written by The Oregonian's "hired man," 
and what was added by the editor. Bush did not know 
who wrote these articles, nor did anybody else know 
except myself, R. and the editor of The Oregonian. 
Bush spoke highly of these articles and enforced, in 
editorials of his own, the logic and necessity of the 
policy recommended by them. These articles had much 
to do with the establishment of the first woolen mills in 
the State of Oregon. These mills were built at Salem. 
As the State of Washington is woefully lacking, 
so far as manufacturing is concerned, I am tempted 
to recall, with a Seattle application, one of the many 
facts embodied in the logic of those articles. Seattle 
has a population of 250,000, we will say. It costs at 
least $7.00 each for the feet clothing of such people 
for one year. This would give the sum of $1,750,000 
for boots and shoes alone. When we come to add to 
this the value of the leather for harness-making, for 
belting and the other purposes for which leather is 
used, we have over $2,000,000 taken annually from the 
people of this city for leather, and its fabrics. The 
absurdity of this thing appears when we consider that 
we have a great abundance of hides, which are sold for 
a mere song, and are received back in manufactured ar- 
ticles. Our forests are rich in tanning; in fact, the 
raw materials of all kinds required are abundant. Any 
person by giving serious consideration to the subject 
will soon be convinced of its great importance, and the 
imperious necessity of action. As well might we ship 
the logs cut in our forests to foreign countries, or the 
Eastern States, to be manufactured into furniture, or 



102 MEMOIRS OF ORANGE JACOBS 

finished lumber, as to ship other raw materials away 
and receive their finished products back, paying for 
them the increased price, resulting from the labor per- 
formed upon them, and for the freight both ways. No 
country can stand such a drainage, and prosper. 

It was in the summer of 1855, if I remember cor- 
rectly, that I was nominated by an opposition conven- 
tion to run as a candidate for the Lower House of the 
Territorial Legislature in Oregon. I did not attend the 
convention at which I was nominated, nor was I a 
delegate thereto. At first I hesitated about the accept- 
ance of the nomination; but urged by my friends, I 
finally consented to run. The Territory as well as the 
County, was largely Democratic. The platform an- 
nounced three cardinal principles : first, the most string- 
ent regulation of the liquor traffic ; second, America for 
Americans; and thirdly, the curtailment of public ex- 
penses and the cutting-down of salaries. The first and 
last of these principles I heartily endorsed ; the second, 
in the know-nothing sense, and application, I was not 
in favor of; furthermore, I was opposed to secret po- 
litical societies. I favored an open field and a fair 
fight. Having concluded to run, I went into the fight 
vigorously, and made speeches in nearly all of the pre- 
cincts in the County. My canvass alarmed the Demo- 
crats, and they sent some of their best speakers after 
me. I met them in joint debate at times, and at other 
times I, alone, spoke. As the time approached for 
election, the excitement increased, and public interest 
in the campaign was very much aroused. I won, 
during the campaign, quite a reputation for a racon- 
teur. A point illustrated and enforced by an anecdote 
or story becomes an integral part of a man's mental 
and moral constitution. 



MEMOIES OF ORANGE JACOBS 103 

About the big bills, I told the story of the farmer 
who had a large flock of chickens and an equally num- 
erous flock of ducks. He fed them with grain. He 
noticed that the ducks, on account of their larger and 
broader bills, were able to get more than their share 
of the food, and he came to the conclusion that in or- 
der to equalize matters, he must cut down their bills. 
This was just what I told the people that we proposed 
to do. One of the speakers sent out by the Democracy 
found fault with every proposition announced by me, 
and I answered him by the narration of the story of a 
friend who had not seen his quondam neighbor for 
many months. He was so pleased at his return that 
he provided a feast for him. Mine host had roast beef, 
roast mutton, roast pork and chickens. He says to 
John Doe : ' ' Shant I help your plate with some of this 
roast beef, which is very juicy and fine?" "No," said 
John Doe. "I have come to the conclusion that a man 
who eats beef, becomes sluggish and stupid." "Then 
shall I help you to some of the mutton?" "No," says 
Doe, "a man who eats mutton becomes timid and cow- 
ardly." "Well," says mine host, "you will certainly 
take some roast pork?" "No," says Doe, "a man 
who eats pork becomes coarse and swinish." "Then 
you will take some of the roast chicken?" "No," says 
Doe, "of all the creatures used by man for food, the 
chicken is the most filthy in his diet of them all. ' ' Mine 
host, being somewhat disgusted, called to his son Sam 
to go out to the barn and get some eggs — "possibly this 
old fool would like to suck an egg or two." 

Just before election, tickets were scattered all over 
the County with my name printed in every shape and 
form, and quite a number of these tickets had printed 
on them "for representative, 0. Jaques. " The can- 



104 MEMOIRS OF ORANGE JACOBS 

vassers refused to count for me the last named ticket, 
and this defeated me. There was no other man run- 
ning whose name in orthography, or sound, resembled 
mine. Had these tickets been counted for me, they 
would have elected me by a small majority. I was 
urged to contest the election, but I refused to do it. 
My own opinion, as a lawyer, was that probably the 
judgment of the canvassing board was right; at least 
there was enough plausibility in its support to furnish 
an excuse to sustain the position of the canvassing 
board. 

Not being entirely satisfied with the climate and 
country, and being desirous of visiting California and 
Mexico, before my return to Michigan, I quite sudden- 
ly, in the fall of 1857, concluded to make a start. What 
means I had were loaned out on demand notes. To my 
regret I found my debtors unable to respond promptly. 
I concluded, however, to go to Jackson County and 
there to await collections. I made the trip on horse- 
back and most of the time alone. Approaching Canon- 
ville late in the afternoon one day I saw a lone horse- 
man ahead of me, whose appearance indicated that he 
was a traveler. I increased my speed and was soon 
along side of him, — I said "How do you do, sir?" He 
turned a frowning countenance towards me and snarl- 
ingly answered, "None of your business, sir." I was 
not long in coming to the conclusion that possibly com- 
pany was not desired by him and especially my com- 
pany ; so I touched the spurs to my horse and left him 
to his melancholy meditations. I might have been 
wrong in my conclusion, and I must confess that I felt 
a good deal as I suppose the fellow felt who was kicked 
out of the fourth-story window: after gathering him- 
self up and finding that his physical economy, though 



MEMOIBS OF OKANGE JACOBS 105 

somewhat bruised, was intact, lie came, after deliberate 
reflection, to the conclusion that possibly he was not 
wanted up there. 

I stopped at a town in Jackson County, bearing the 
euphonious name of Gasberg. I rested there for a 
couple of weeks. The people of that settlement were 
contemplating the erection of a building for a high 
school or seminary; and they offered me $150 a month 
to teach a six-months' school. Mr. Culver, quite a 
wealthy gentleman, offered me an additional $50 a 
month to keep his books posted, a work I could attend 
to at night without interfering with the school. I con- 
cluded as I probably would have to wait until spring 
for my collections, to accept the offer. The district al- 
ready had quite a good school-house. My scholars were 
mostly young men and women, and I taught every- 
thing from reading, and spelling, up to and including 
algebra, and surveying. I never had to do with a finer 
lot of pupils, and my position was in every way agree- 
able to me. I ought possibly to state that my wife, then 
Miss Lucinda Davenport, the only daughter of Dr. 
Davenport, attended that school. This added to my 
other employments the delightsome one of courting, 
and we were married on the first of January, 1858. Al- 
though we have lived together for fifty years, we never 
have been reconciled yet, because there never has been 
any occasion for a reconcilation. 

At the close of the first term I contracted to teach 
for another term of six months, as my roving dispo- 
sition had dissolved into thin air. When the second 
term was closed, I was appointed a Justice of the 
Peace of that precinct, and I returned to the practice 
of law — occasionally writing for the newspapers. 

When the Civil War commenced, the editor of the 



106 MEMOIRS OF ORANGE JACOBS 

principal paper in the southern part of the state — The 
Sentinel — was a Secession sympathizer, and he and the 
proprietor and publisher had a fight in which the editor 
was seriously wounded. I was solicited by the publish- 
er and a committee of leading Union men to assume 
charge of the editorial department of the paper. I did 
so, and wrote all the editorials in the paper for over 
three years. The paper was a weekly, but at times, 
when the news was stirring, it was published semi- 
weekly. The paper under my control rapidly increased 
in circulation. The editorial work that I did while 
on the paper secured me an offer, when I announced 
my intention to resume the practice of law, from the 
Sacramento Union, then the leading paper on the Pa- 
cific Coast, to become one of its editorial staff at a 
good salary. I considered the proposition for quite a 
time ; then concluded to decline it. Had I accepted this 
offer, it would have changed the whole course and 
direction of my life, and I probably would have con- 
tinued in that line of work to this day. It was while 
I was editor of The Sentinel that a rumor was tele- 
graphed to me that President Lincoln had been assas- 
sinated. It came first merely as a rumor and I com- 
municated it only to a few persons, anxiously waiting 
to hear whether it was true or not. Many of the good 
and patriotic citizens of all parties feared a riot. I 
issued an extra, on the confirmation of the news, briefly 
stating the facts of the assassination; and every store, 
business house and saloon was immediately closed, and 
their doors draped in mourning. A meeting was short- 
ly called, and I was invited to deliver an oration on the 
character and service of the lamented President. I was 
given three days to prepare that address. The Metho- 
dist minister was also invited to deliver an address on 



MEMOIES OF ORANGE JACOBS 107 

that occasion. The crowd was immense ; no church in 
town being large enough to hold it. My oration was 
published in The Sentinel and other papers in the State 
and in some of the California papers. I have a copy of 
that oration ; but, as I give in full the oration delivered 
by me in the City of Seattle on the death of President 
Garfield a more recent occurrence, I have concluded to 
give only the later address. 

I ran for the Lower House of the Legislature in 
Jackson County and I was fairly elected, but was 
counted out ; not unjustly, I do not mean to say, for on 
the face of the returns I was defeated by six votes. The 
County was largely Democratic, and I ran as a Re- 
publican. I said that I was fairly elected, because 
there was a contest in one of the precincts for the 
office of Justice of the Peace; I was the contestant's 
attorney, and he succeeded in his contest because he 
conclusively showed that thirteen illegal votes were 
cast against him. To have thrown them out on a con- 
test would have elected me by seven majority. I re- 
fused to contest the election, and the matter dropped. 
Subsequently I ran in that County for the office of 
County Judge. After I took the field, the Democrats 
became alarmed, and they withdrew the candidate nom- 
inated by them, in convention, and placed in his stead 
a Mr. Duncan, one of the strongest and most popular 
Democrats in the County. He beat me by sixteen votes. 
The other Democratic candidates were elected by ma- 
jorities ranging from three hundred to four hundred. 

At the time Mr. Harding was elected United States 
Senator for Oregon I was without consultation, or be- 
ing present, put in nomination for the position, and I 
lacked only two votes of an election. 



108 MEMOIRS OF ORANGE JACOBS 

Thus, while I was a hard man to beat, I was al- 
ways beaten, fairly, or unfairly. 

I was appointed Associate Justice of the Supreme 
Court of Washington Territory in 1869. Less than a 
year afterwards, by unanimous recommendation of the 
members of the Territorial Legislature, I was appointed 
Chief Justice of that Court, and at the expiration of 
that term was re-appointed Chief Justice. During this 
last term I was nominated by the Republican party and 
elected Delegate to Congress. At the expiration of 
that term I was renominated and re-elected. 

To make an account of my official career complete, 
I ought to state that I was a member of the Territorial 
Council (the equivalent of a State Senate) of Wash- 
ington for one term ; also Mayor of the City of Seattle 
for one term; and Regent of the Territorial Univer- 
sity of Washington for ten years, and Treasurer of 
the Board of Regents all of that time. 

As a member of the Territorial "Council" I was 
appointed chairman of the judiciary committee, and 
also chairman of the committee on education. The 
work on these committees was almost continuous. It 
absorbed all of my time for nearly every evening of 
the session. 

The iniquitous gross earning tax law, as applied 
to railroads, was repealed at this session. The vote 
on its repeal in the "Council" was close — and if I 
were not a modest man — I would say, that I contrib- 
uted largely to its repeal. I made the only elaborate 
argument in the "Council" against its unequal, un- 
just, inequitable and partial provisions, discriminating 
in favor of centralized wealth and organized power. It 
was a close and hard fight in the 'Council" but repeal 
won. 



MEMOIRS OF ORANGE JACOBS 109 

The school system theretofore existing in the Ter- 
ritory, was radically remodeled at this session of the 
Legislature. The bill as presented to the committee 
was the work of a selected body of teachers. In a leg- 
islative sense it was crude and in some of its provisions, 
intensely radical. I, in fact, re-wrote the whole bill 
making its retained provisions full and accurate — omit- 
ting surplus statements, and embodying many new 
provisions. The bill thus remodeled passed the "Coun- 
cil" and the "House," and its essential provisions 
remain the law of the State today. 

A few general observations may be allowable: 
Rare are the men who possess in a high degree, con- 
structive legislative ability. Every act of legislation 
ought by clear and accurate provisions cover every 
element of the subject matter stated in the title. As 
the act approaches this it approaches perfection. 

Any act of legislation laying the foundation of a 
system — such as the school system and providing for its 
administration is a difficult task. The human judg- 
ment is imperfect — and prescience is limited — hence 
any approach to perfection in the system itself, or in 
its administrative provisions, is a matter of evolution 
of slow growth — and of the survival of the fittest. As 
time advances and light and knowledge increase, the 
dead and useless branches are pruned off and the fit 
and vigorous remain to blossom and bear fruit. 

The effective and beneficial work of Delegate to 
Congress is in the various departments of the Govern- 
ment, and in the various committees of both houses of 
Congress. In a new country, rapidly filling up with 
people, post-routes and post-offices must be provided. 
On the established lines there is a constant and pushing 
demand for an increase of service. When I was elected, 



110 MEMOIRS OF ORANGE JACOBS 

the daily mail stopped at Tacoma, and Seattle had only 
a weekly mail. One of my first efforts was to increase 
this Seattle service to a daily mail. I had some dif- 
ficulty in accomplishing this object, because the postal 
authorities claimed that the revenues of the Seattle 
office were not large enough to warrant such increased 
service. I got it increased, however, to a daily service. 
I had not so much difficulty in getting a daily service 
from Seattle to Victoria and way-ports. Everybody 
on Puget Sound knows that Port Discovery is about 
six miles west of Port Townsend. Port Discovery was 
a milling town visited largely by foreign vessels and 
many American ships, and a large volume of business 
was done there. There was a stage running daily, from 
Port Townsend to Port Discovery and back, and it had 
only a weekly service. I asked for a daily service, but 
it at first was refused, and I notified the people inter- 
ested of the result. A Mr. Young, the manager of the 
Port Discovery Mills, stated to me in a letter that, in- 
asmuch as the Government was very poor and the peo- 
ple of Port Discovery were rich, they, out of the abund- 
ance of their wealth, would pay the additional cost, if 
I would secure the assent of the Government to allow 
the contractor for the weekly service, to carry the mail 
daily. I showed this letter to the Postmaster-General, 
and he, after reading it, said: " Judge, I think the 
Government can stand the increased expense, and those 
people shall have a daily mail;" and he ordered it. 

A Delegate, in order to wisely and intelligently, 
as well as promptly, discharge his duties, ought to be 
a lawyer, and well acquainted especially with the land- 
laws of the United States and other laws pertaining to 
Territories. He is constantly called upon to push land- 
claims to patent, and in this respect he becomes the 



MEMOIRS OF ORANGE JACOBS 111 

attorney, without fee, of the people of the Territory. 
There is a large volume of such business, and he must 
examine the papers in order to understand the status 
of the case and to advance it for patent. Representa- 
tives from the older States have but very little of such 
business to demand their attention, and to consume 
their time. 

When I was elected, I do not think there was a 
single lighthouse, or fog signal, or foghorn, on the 
waters of Puget Sound, and I secured the establish- 
ment of quite a number of them. 

I forced the loosening of the grasp of the Northern 
Pacific Railroad Company on large quantities of the 
public land, and I did much to secure the passage of 
the law returning to purchasers one-half of the double- 
minimum price ($2.50 per acre) paid by them, which 
was exacted on the ground that the land so purchased 
was double in value by virtue of its proximity to a 
railroad line. This is a brief and imperfect synopsis 
of some of the results of my efforts as Delegate. 

A Delegate has not even the unit of political power 
— a vote on any measure ; he can therefore form no 
combination to further friendly legislation in the in- 
terest of his Territory. The Delegates from the differ- 
ent Territories, however, were regarded as quite an in- 
fluential body of men, and were usually able, by scat- 
tering through the House, by use of personal persua- 
sion, by attendance before committees and receiving 
favorable reports, to get a part, at least, of what they 
desired for their Territories. 

While a member of the House of Representatives 
I was much interested in the study of its members and 
its mode of operation. The popular opinion is that it 
is a calm and deliberative body. This is true as a 

8 



112 MEMOIRS OF ORANGE JACOBS 

general rule; but there are times, and they are not 
infrequent, when the House is anything else than a 
sedate and deliberative body of men. 

General Benjamin F. Butler had a seat back of 
me, and frequently, when he desired to speak, asked 
me to change seats with him for a time — my seat being 
nearer to the Speaker of the House and a fine place 
wherein to stand and from which to be distinctly heard. 
On one occasion it was announced that Butler would 
deliver a speech on the financial question. I offered 
him my seat for the purpose. The House was full. 
Butler was cross-eyed and near-sighted. He commenc- 
ed the delivery of his speech by reading from a manu- 
script. Every eye was turned towards him. He always 
commanded the attention of the House when he spoke. 
In the delivery of his speech he had to keep his manu- 
script close to his face and to move it to the right and 
to the left on account of his being cross-eyed. He did 
not often speak from manuscript. This was his first 
attempt to do so at that Congress. The spectacle was 
so novel that many members began to laugh and to 
interrupt him by asking him questions. He threw the 
manuscript on the desk, stepped out into a space nearly 
in front of the Speaker, and gave the points of his 
speech without the aid of his manuscript. He was fre- 
quently interrupted, especially by the Democrats; and 
he suggested to me the idea of a lion at bay, shaking 
off and striking at his opponents with caustic wit and 
scathing repartee. On another occasion, a gentleman 
from Maryland, a large and portly man, who was Chair- 
man, I think, of the Committee of Foreign Affairs, 
arose to introduce and briefly to explain the provisions 
of a bill reported from his Committee. This gentle- 
man was quite deaf, and like all deaf persons spoke 



MEMOIRS OF ORANGE JACOBS 113 

in a very low tone of voice; in fact, he could not be 
heard six feet away from him; but he had, no doubt 
adopted Demosthenes' idea that gestures were the lev- 
ers of eloquence ; and his arms would go up and down 
and to the right and to the left, and his eyes sometimes 
rolled upward and then downward to the floor. Some- 
one cried out: "Is this a pantomime performance, or 
a public speech?" Then others gathered around him, 
and all kinds of remarks were made concerning the 
performance. The Speaker finally compelled the Mem- 
bers to take their seats ; whereupon the Member ceased 
his motions, and probably his speech, and resumed his 
seat. This gentleman came to Congress with a great 
reputation as an orator. Probably he had been such 
in former years, but his deafness had destroyed his 
powers in that regard. 

I was in the House at the time that James G. 
Blaine, then a prominent candidate for the Republican 
nomination for President, annihilated J. Proctor Knott, 
who was Chairman of the Committee on the Judiciary. 
A report had been made by that Committee on a matter 
referred to it; it seriously reflected on Blaine's honor 
and integrity as a man and as a member of the House 
of Representatives. It seems to have been the intent 
of the majority of the Committee who joined in the 
report, and who were all Democrats, not to bring up 
the report for hearing, but to let it stand as damaging 
evidence against Mr. Blaine, in order to prevent his 
nomination, or to defeat his election, if nominated. 
Blaine and his friends determined to expose its animus 
and falsity on the floor of the House, so that the refuta- 
tion would go with the charge. To make this vindica- 
tion, however, it was necessary for Blaine to obtain 
the floor ; this would be opposed and was opposed. In 



114 MEMOIRS OF ORANGE JACOBS 

the parliamentary conflict for the floor which ensued, 
Blaine's superior knowledge and tact succeeded, and he 
was recognized by the Speaker. I never saw a more 
forlorn look of disappointment, and of sullen resigna- 
tion, than that manifested in the countenances of many 
of his opponents, when the Speaker announced that 
the gentleman from Maine was entitled to the floor. 
Blaine was pale, and all aflame with indignation. His 
voice, although at first a little tremulous, soon became 
clear and ringing. His sentences were compact and 
parliamentary. He accused that great Committee of 
darkening its former reputation by making a report 
for political purposes. He further accused them of the 
deliberate suppression of evidence that completely ex- 
onerated him, he drew from his pocket a certified copy 
of such suppressed evidence, read it to the House, and 
waved it in triumph amid the uproarious applause of 
his Eepublican colleagues, and of many Democrats. 
He spoke in this vein for about thirty minutes. "When 
he closed, his friends were joyous,, and his enemies dis- 
mayed. Among the first, personally to congratulate 
him, was Ben Hill of Georgia, a distinguished member 
of the then extinct Confederate Congress. 

A ludicrous scene occurred in the House, when the 
bill making a large appropriation for the re-building 
of the various edifices formerly constituting William 
and Mary's College, in the State of Virginia, came up 
for consideration. These buildings were alternately in 
the possession of the Union and Confederate forces dur- 
ing the war, and were destroyed by fire while the Union 
forces were in possession of the ground upon which 
they stood. Most of the members of the Democratic 
party favored this bill. A few opposed it. The Re- 
publican members generally opposed the appropriation, 



MEMOIES OF OEANGE JACOBS 115 

but there were some who favored it. It was understood 
that when the bill came up for final passage, but one 
speech would be made in its favor, and that was to 
be made by Mr. Loring, of Massachusetts, a Republi- 
can. Mr. Loring had a national reputation for fin- 
ished and eloquent orations. When the time arrived 
the House and galleries were full. Mr. Loring arose 
and partly read from a manuscript his great oration. 
He stated in a clear and comprehensive manner what 
the laws of war formerly were, and how they had been 
modified by the generous principles of Christianity and 
of civilization. He stated that now as recognized by 
every Christian and civilized nation, churches, hos- 
pitals, institutions of learning and other eleemosynary 
institutions were exempt from the ravages of war. He 
spoke in eloquent terms of the sacred walls within 
which poets, philosophers, statesmen, lawyers, great 
divines and warriors, if not born, received their in- 
spiration and were qualified for their grand missions. 
He was listened to, throughout, with breathless atten- 
tion. When he closed, at the expiration of a little over 
an hour, he was greatly applauded. I thought it the 
finest oration I had ever had the pleasure of hearing. 
The Republicans were anxious to break the magnetic 
spell of his oratory, and to get a little time for the 
sober second thought, of the members to assert itself. 
Conger, of Michigan, had the ability to crowd more 
sarcasm, wit and scathing repartee into the same 
length of time than any other member of the House, 
and he was chosen by the Republicans to break the 
magnetic spell of Loring 's great speech. He arose, 
and after complimenting the honorable gentleman from 
Massachusetts on his great effort, stated that some of 
the buildings constituting the College, while in the 



116 MEMOIRS OF ORANGE JACOBS 

possession of the Rebel forces, were used as stables for 
their horses, that their floors were covered with excre- 
ment of such animals, that other buildings were used 
as hospitals for the sick and wounded, and that their 
walls were besmeared with blood and filth; and he 
sneeringly remarked, that these were the sacred walls 
that so inspired the eloquence of the honorable gen- 
tleman from Massachusetts. After indulging in other 
bitter declarations of the same character, he ceased — 
having spoken for about thirty minutes. The Virginia 
members were very much excited. One of their num- 
ber, by the name of Good, arose to reply to Conger. 
Good possessed the ability to open his mouth and, with- 
out seeming effort or preparation, to pour forth a vol- 
ume of sweetened wind or a volume of scathing phil- 
ippics. He denounced the honorable gentleman from 
Michigan for preaching a gospel of hate and vengeance, 
which had heretofore well-nigh wrecked this glorious 
Government, which if persisted in, would keep open 
the wounds and sores that under a more liberal and 
generous spirit were fast healing. He indulged in 
more of this kind of denunciation, and finally, in a 
supreme effort of indignation, consigned the honorable 
gentleman from Michigan to ruined towers and castles 
and crumbling walls, where he could be fanned by the 
damp and dismal wings of bats, and listen to the hoot- 
ing of owls, forever. Conger, who had not resumed his 
seat, but stood calmly gazing at the honorable gentle- 
man from Virginia, exclaimed, with a piercing and 
ringing voice, "I hear them — even now." This remark 
was received with roars of laughter, joined in by Demo- 
crats as well as Republicans. Mr. Good tried to pro- 
ceed; but when he did so, someone would exclaim, 



MEMOIRS OF ORANGE JACOBS 117 

1 ' The owls are hooting again, ' ' and poor Good resumed 
his seat. 

I have noticed that some pungent remark, or sar- 
castic repartee is often more effective than a set speech. 
All remember Butler's reply to " Sunset" Cox, when 
the former was frequently interrupting him. With a 
motion of his hand over his bald head, he exclaimed 
to Cox: "Shoo, Fly! don't bother me." It was taken 
from one of the popular songs of the day. It hurt 
Cox's prestige and lessened to some extent his power. 
Cox was physically a small man, and the application 
carried with it an expression of contempt. Holman, of 
Indiana, on account of his objections to all bills mak- 
ing appropriations of money, got the name of being 
"the watchdog of the Treasury." Towards the end of 
his term an amendment was offered in which a near 
relative was much interested. The familiar "I object" 
was not heard, and the amendment went through with 
his support; whereupon a member sitting near ex- 
claimed : 

" 'Tis sweet to hear the watchdog's honest bark 
Bay deep-mouth 'd welcome as we draw near home." 

In a more recent case, a gentleman from Indiana, 
in his indignation against a gentleman from Illinois, 
called the Illinois member "an ass." This was unpar- 
liamentary language, and the Indiana gentleman had 
to apologize and to withdraw the remark. The gen- 
tleman from Illinois arose and said he did not know 
what was the matter with him that he should always 
so excite the ire of the gentleman from Indiana; the 
gentleman from Indiana replied: "If you will inquire 
of some veterinary surgeon, he can probably tell what 



118 MEMOIRS OF ORANGE JACOBS 

is the matter with you." This was perfectly parlia- 
mentary and a complete exterminator. 

Many people suppose Congress to be an assemblage 
of orators. This is a great mistake. In point of ability 
its members are eminently respectable, and many of 
them distinguished in their particular line of business, 
profession or thought. Most of the set speeches are 
delivered from manuscript. The matter is well consid- 
ered and in most cases clearly stated ; but the delivery 
is often dull, listless and without animation. This is 
particularly true of speeches founded on a dreary array 
of facts and statistics. While the logic of such facts 
or figures may be very convincing, yet in the hands 
of most men their presentation is very uninteresting. 
Few men can present statistics in an interesting and 
captivating manner. Garfield must be considered as 
pre-eminent among that class of men. I have heard 
him make a speech of over an hour in length on finan- 
cial questions in which he not only presented a for- 
midable array of statistics, but held his auditors spell- 
bound to its conclusion. It may be said of the orators 
of the House that though they are great advocates, 
they are not constructive statesmen; they are orators 
and nothing more; they are good to show the reason 
for a provision and skillful in their defense of it from 
attack. Conkling, one of the most brilliant speakers 
in the Senate, although a member of that distinguished 
body for many years, is not the author of any bene- 
ficial act of legislation. The career of such a man will 
be brilliant, but it will be brief. It is the constructive 
statesman who succeeds in writing his name perma- 
nently in the legislative history of his country. Most 
of the legislation benefiting the people, or putting their 
rights on deeper or broader foundations, has origin- 



MEMOIRS OF ORANGE JACOBS 119 

ated with the silent workers in either House of Con- 
gress. 

To show the listless and inanimate manner in which 
some speeches, truly great in their logic and in their 
facts, are delivered in the House, let me state an in- 
cident. A gentleman from New York, who came to 
Congress with an established reputation as a public 
man, arose to address the House on the necessity of a 
more liberal and reciprocal trade-treaty and tariff, 
with the Dominion of Canada. In the expectation that 
he would address the House on the evening that was 
set for general debate, the House was full when he 
arose, and every eye was turned towards him. He read 
his address from manuscript. His voice was indistinct 
and it lacked in volume. After reading two or three 
pages from the manuscript before him, he seemed to 
be unable readily to decipher it — it having been re- 
duced to writing by his clerk. He halted, stumbled 
and misread portions of it, and then re-read it to cor- 
rect his mistakes. The members commenced quietly to 
leave their seats and to retire to the cloak-rooms. As 
he was a member of the Committee on Commerce, and 
had shown me many favors, I took a vacant seat near 
him. When the chairman announced that his time 
had expired, I arose and moved the chairman for the 
extension of his time for twenty minutes. The chair- 
man said he heard no objection, and he extended the 
time of the gentleman from New York for twenty 
minutes more. While on my feet I looked around and 
saw there were not over eight members in the House, 
that they were all engaged in writing at their desks, 
and that the chairman was reading a newspaper. The 
next morning the speech appeared in the Congressional 



120 MEMOIRS OF ORANGE JACOBS 

Record, and every one spoke of it as a very fine argu- 
ment in favor of the policy advocated by him. 

My judicial career may be briefly stated. My dis- 
trict was the Third. It was bounded on the south by 
the southern boundary of Pierce and Kitsap Counties; 
on the east by the dividing ridge of the Cascade Moun- 
tains; on the north by the northern line of the Terri- 
tory, which was the International boundary line; and 
on the west by the Pacific Ocean. I held two terms 
of Court annually at Seattle, Port Townsend, and 
Steilacoom. There was quite a volume of admiralty 
business. This was attended to whenever it arose, in 
term-time and out of term-time, in order to meet the 
convenience of suitors. No appeal was ever taken from 
my decrees in this class of business. I made it a point 
to clear the docket of all accumulated cases at each 
term. Homicides were quite frequent in the district, 
and I rarely held a term of Court without trying some 
person accused of murder in the first degree. There 
were frequent convictions for manslaughter, and for 
murder in the second degree, and sentences were im- 
posed by me in accordance therewith. There were 
four convictions for murder in the first degree, and 
three executions. The facts and circumstances attend- 
ing the fourth case deserve a more extensive state- 
ment. Before I make such a statement let me say, that 
while many appeals were taken from my judgments 
and rulings in criminal cases, I had but two reversals 
charged against me in a period of between six and 
seven years on the Territorial Bench. I hope no one 
will detract by implication from the honor of that 
record, by the insinuation that I was Chief Justice of 
the appellate tribunal for most of that time. 

After the furor of " fifty four, Forty or Fight," 



MEMOIRS OF ORANGE JACOBS 121 

had somewhat subsided, the Treaty of Washington, 
entered into between the United States of America and 
Great Britain, adopted and extended the line of di- 
vision between the Dominion of Canada and the United 
States along the 49tl^ degree of North Latitude to the 
waters of the Pacific Ocean, as the northern land boun- 
dary of the United States; thence west by the prin- 
cipal channel or waterway to the center of the Strait 
of Juan de Fuca; thence along said center line to the 
Pacific Ocean. Now, it was found that there were 
two principal channels or waterways from the 49th 
degree to the Strait of Juan de Fuca. These water- 
ways were the Canal de Haro and the Rosario Straits. 
The Canal de Haro was the most western and northern 
waterway ; the Rosario Strait was the most eastern and 
southern waterway. San Juan Island and other smaller 
islands were situated between the two. If the Rosario 
Straits were adopted as the true line, these intervening 
islands belonged to Great Britain ; if, on the other hand, 
the Canal de Haro was the true line, the islands be- 
longed to the United States. By agreement of the 
high-contracting parties, the German Emperor was 
chosen as arbitrator to determine the location of the 
true line mentioned in the Treaty. 

In 1859 an informal convention was entered into 
between the high-contracting parties by which the laws 
and civil officers of both nations were excluded from 
the territory in dispute; the islands in the meantime 
were to remain in the joint military occupation of the 
two nations. Hence, there was a British military post, 
and also an American military post, on San Juan Is- 
land, fully garrisoned. This informal understanding 
had not the dignity or force of a treaty, and was there- 
fore binding on the courts only as a matter of policy 



122 MEMOIRS OF ORANGE JACOBS 

and comity. It was binding only in the court of honor. 
Such being the facts, a man by the name of Charles 
Watts, an American citizen, foully murdered another 
American citizen near the military post of the United 
States. "Watts was arrested by the Federal military au- 
thorities and held in confinement. There was a good deal 
of feeling and excitement over the matter. When I went 
to Port Townsend to hold Court, I issued a warrant, 
directed to the United States Marshal, to arrest said 
Watts and to bring him to Port Townsend for indict- 
ment and trial. He was readily delivered by the United 
States military authorities to the United States Mar- 
shal, and brought to Port Townsend. He was indicted 
by the grand jury for murder in the first degree, and 
tried and convicted at that term. He was sentenced 
by me to be hanged until he was dead. An appeal was 
taken from the final judgment in the case to the Su- 
preme Court of the Territory; and, upon hearing, a 
majority of the Supreme Court, consisting of Judges 
Greene and Kennedy, reversed the judgment on the 
ground that the Federal side of the Court had no 
jurisdiction. To the general reader, it may be well to 
state that the Territorial Court had all the jurisdiction 
of the District and Circuit Courts of the United States, 
and such jurisdiction constituted what was called, the 
Federal side of the Court. It also had all the jurisdic- 
tion arising under the Territorial laws, and the com- 
mon law suited to the conditions ; and this constituted 
the Territorial side. Watts was indicted and tried on 
the Federal side of the Court, and the Supreme Court 
held that he ought to have been indicted and tried on 
the Territorial side of the Court — hence the reversal. 
I delivered a dissenting opinion which, as the case as- 
sumed a national importance, I give in full : 



MEMOIES OF OKANGE JACOBS 123 
OPINION. 

"As I cannot assent to the conclusion reached by 
the majority of the Court in this case, I will state as 
briefly as possible the conclusion of my own mind upon 
the question of jurisdiction involved in the case, with 
my reasons therefor. 

"I have come to the conclusion that the United 
States side of the Court had jurisdiction, and for the 
following reasons: — 

"1. We all agree that the phrase 'sole and ex- 
clusive jurisdiction, ' as used in the Crime Act of A. D. 
1790, 1 Stat. 113, has no reference to a claim of juris- 
diction made by any foreign power, but to State and 
Federal jurisdiction, or, as we are situated, to Federal, 
as contra-distinguished from Territorial jurisdiction. 
"We also agree that it is the duty of the judiciary to 
extend the jurisdiction of the laws of the United States 
as far as the political department of the government 
extends the territorial area. 

"2. In my judgment it is the duty of the courts 
to construe all such conventions as that entered into 
between the government of the United States and 
Great Britain, with reference to the Island of San 
Juan, so as to avert the evil apprehended, and sought 
to be prevented. 

"When the convention was entered into there was 
imminent danger of a conflict of arms. That danger 
arose from two causes — the action of the military com- 
manders of this department and the enforcement of 
the laws of Washington Territory over the disputed 
domain. The first danger was removed by a change 
of commanders. The second, by the exclusion of the 
laws of the Territory, and that exclusion has been en- 



124 MEMOIRS OF ORANGE JACOBS 

forced by the military power of the government ever 
since. 

"3. Was it the intention then of the high-con- 
tracting parties, to exclude all law from San Juan 
Island, and to make it a secure asylum for thieves and 
murderers? I think not. Possibly there might be 
some ground for the recognition of the distinction be- 
tween acts malum in se and malum prohibitum, acts 
which under every law, human and divine, are crimi- 
nal, and those acts which are only criminal by virtue 
of some positive statute making them such. I infer 
that two civilized nations would not directly or indi- 
rectly, concur to create any such asylum. 

"It was the design, then, that some laws should 
exist and be enforced on that island. That it was the 
design of the government to exclude the laws of the 
Territory is manifest by the proceedings of the con- 
vention and the action of the government from the 
date of the convention down to the present time. It 
was so understood by the military department; acqui- 
esced in by the other departments of the government, 
and recognized as a fact by the courts of the Terri- 
tory, and by the legislature, as is evidenced by the 
release of the county of Whatcom, within whose limits 
the island was included by a prior act of the legisla- 
ture, from the payment of all costs for the prosecution 
of persons committing crime on said island. 

"Whatever jurisdiction might have been claimed 
by the Territory prior to the last-cited act, was vir- 
tually abandoned by it. 

"The exclusion of the territorial laws since the 
date of the convention has been open, manifest, and 
palpable, and 1 believe rightful. Then, if I am correct 
in my conclusions, no other laws were in force on the 



MEMOIES OF ORANGE JACOBS 125 

island for the punishment of persons guilty of murder 
(not connected with the military), but the laws of the 
United States. In fact, it would follow as a logical 
sequence, that if the territorial laws were excluded it 
would be a place 'under the sole and exclusive juris- 
diction of the United States,' hence, the laws of the 
United States would be operative there. 

"I can see many cogent reasons why it was de- 
sirable to exclude territorial laws and territorial of- 
ficials from the island. The territorial legislature rep- 
resented but a small fraction of the American people 
and was far removed from the power which was re- 
sponsible for a state of peace or war, and before meas- 
ures could be disapproved by Congress a conflict might 
be precipitated. Territorial officers were not responsi- 
ble, directly at least, to the supreme power. It had 
no control over their official conduct. All will agree 
that such control ought to be directly with the re- 
sponsible power. That could only exist legitimately, 
but by the exclusion of the local jurisdiction and the 
operation of the national jurisdiction, modified by ex- 
press convention or necessary implication. 

"It might be very competent and very proper in 
the accomplishment of the object in view, for the 
treaty-making power to suspend the operations of all 
laws for the punishment of offenders save in the cases 
where the acts were crimes, by the universal judgment 
of mankind. The power to suspend or modify must 
exist somewhere, or in the case of disputed jurisdic- 
tion, there could be no treaty or conventions. 

"All such conventions are founded on the mutual 
concessions of the high contracting parties. After the 
convention has been signed, the supreme power in our 
government, in order to secure its honest and faithful 



126 MEMOIRS OF ORANGE JACOBS 

execution, took possession of the disputed Territory, 
segregated from its former local jurisdiction, and ad- 
ministers, modifies, or suspends its own laws by its 
own military or judicial agents. The supreme power 
acts through its own functions and not through that 
of an inferior jurisdiction. It administers its own laws 
so far as such administration is not in conflict with 
the convention. Its power is ample and it need not 
borrow from the inferior jurisdiction. 

"It can not be argued successfully that because 
San Juan Island is within the limits of Washington 
Territory, that, therefore, it can only be subject to its 
laws. Puget Sound, Admiralty Inlet, and one-half of 
the Straits of Fuca are within the territorial boundaries, 
but still many of the criminal laws of the United 
States extend over them. Neither can the joint pos- 
session of the United States and Great Britain effect 
the question. 

"The high seas are in the joint possession of all 
the nations, and yet every nation punishes its own sub- 
jects for crimes committed there. Watts is an Amer- 
ican citizen, and the victim of his violence was also. 

"4. I am unable to convince myself that, if one 
general law of the Territory went to that Island, but 
what all general laws went there. That they were not 
and are not permitted to go there is a fact too palpable 
for argument. The alternative then is presented, either 
that their exclusion by force has been rightful, or that 
the military department has been guilty of a gross 
usurpation. 

"The latter branch of the alternative ought not to 
be received without the clearest and most indubitable 
proof of its correctness. I am not contending for the 
doctrine that a military order is absolutely conclusive 



MEMOIRS OF ORANGE JACOBS 127 

upon the courts, but it is always entitled to respectful 
consideration and will be presumed lawful until the 
contrary is shown. Especially, should such be the 
case when the order emanates from the highest func- 
tionary of the military department, and has been long 
sanctioned, at least by the acquiescence of every other 
department of government. 

"To have permitted all the laws of the territorial 
legislature to have gone to the island would have re- 
sulted in the nullification of the convention. It would 
in fact have given the territorial legislature a veto on 
the treaty-making power of the government. Could 
this convention have stood for a day with the extension 
of the taxing power of this territory over that island? 
Every one knows that it could not. If the territorial 
jurisdiction extended there, it had the right to tax the 
property of the inhabitants thereof for territorial and 
other legitimate purposes. Taxes are not levied upon 
citizens, only, but inhabitants, property-holders, resi- 
dents within the jurisdiction. The rightful exercise 
of such a power would have been decisive of the con- 
troversy, or rather it would have been exclusive of any 
rightful claim to controversy. Its attempted exercise 
would have been resisted with all the power of Great 
Britain. Reverse the circumstances and let British Co- 
lumbia attempt to extend its taxing power over that 
island, and our government would resist the insult with 
all its military power. 

"On what principle could a part of the general 
laws of the Territory go to that island, and a part not 1 
It is of the very essence of general laws, at least, that 
they should be uniform and universal. If the terri- 
torial jurisdiction extended at all, it is complete and 
9 



128 MEMOIRS OF ORANGE JACOBS 

entire. It reaches all rightful subjects of legislation, 
and is supreme within those limits. 

"For the above reasons, I am of the opinion that 
Watts was rightfully indicted under section 4 of the 
Crime Act of 1790, which reads as follows: 'If a per- 
son or persons, within any fort, arsenal, dockyard, 
magazine, or in any other place, or district or country, 
under the sole and exclusive jurisdiction of the United 
States, commit the crime of wilful murder, such per- 
son or persons, on being thereof convicted, shall suffer 
death. ' 

"But if there is a doubt as to whether San Juan 
Island was within the Third Judicial District or not, 
then the last clause of section 28 of the Crime Act of 
1790 would apply, for Watts was first brought into the 
Third Judicial District and delivered to the marshal 
of the Territory by the order of the Secretary of War. ' ' 

Immediately after the reversal I called a special 
term of the Court at Port Townsend, at which Watts 
was re-indicted on the Territorial side of the Court, 
tried, and again convicted and sentenced to be hung. 
He again appealed to the Supreme Court, but the judg- 
ment was affirmed; he then sued out a writ of error 
to the Supreme Court of the United States, and it was 
allowed, and it came up for hearing while I was Dele- 
gate from the Territory. The Court was informed that 
Watts had escaped from jail and was at large, and 
the Supreme Court refused to hear his writ of error. 
He has never been recaptured. 

After all this had transpired, the German Emperor 
decided that the Canal de Haro was the true boundary 
line under the Treaty. The British troops were with- 
drawn from San Juan Island, and peace and friend- 
ship prevailed. 



MEMOIRS OF ORANGE JACOBS 129 

While I have always been in favor of liberty reg- 
ulated by law, and have believed that order and secur- 
ity were the sure resultants of law's vigorous enforce- 
ment, yet there may be times and conditions, in frontier 
communities, when the suspension of the genral rule, 
like the suspension of the great writ of Habeas Corpus, 
may be justified in the forum of reason and morals. Es- 
pecially, is this true when the furore of the populace 
is not based on race, or class prejudice, or the frenzy of 
religion, or party madness; but has only for its ulti- 
mate, the security of person, property and habitation. 

Hold-ups on the streets, with pistol accompani- 
ments, were frequent in the City of Seattle ; burglaries 
were the regular order of business ; no man was safe in 
the streets after nightfall; in fact, fear had become so 
intensified that in the visitation of one neighbor to an- 
other's house after dark, the visitant, after proper pre- 
cautions, was received with pistol in hand. Such were 
the conditions, I am sorry to say, existing in the em- 
bryo city of Seattle in January, 1882, and such had 
been the conditions for several months previous to that 
time. The town was full of thugs and criminals. Such 
a situation was intolerable. During its continuance 
one George Eeynolds, a young and popular business 
man, was shot down in cold blood, between seven and 
eight o'clock in the evening, while going down Marion 
Street to his place of business on Front Street, now 
First Avenue. He was held up by two ruffians between 
what are now called Third, and Fourth Avenues. His 
money and his other valuables were demanded by 
them, and upon his refusal to deliver up, he was assas- 
sinated. 

I have never been a believer in Divine interposition 
or impulsions, but I must confess that on that fatal 



130 MEMOIRS OF ORANGE JACOBS 

evening, and on a few other occasions my rationalism 
was somewhat shaken. My usual route from my resi- 
dence on Fourth Avenue to my office on James Street 
was down Marion Street. On that evening, arriving at 
Marion Street, under the influence of some occult force, 
or power, I stopped, looked down Marion Street, and 
saw the assassins of George Reyonlds standing near the 
west end of the block and leaning against the wall of 
the Stacy premises. Impelled by this mysterious force, 
I involuntarily went on to Columbia Street, and, when 
nearly opposite on the block to the south, heard the 
report of the shot that ended the life of Reynolds. 
Soon after I arrived at my office, I was informed that 
Reyonlds had been shot and that he was dying; that 
many citizens were assembling at the engine-house, and 
that my attendance was requested. I accompanied my 
informant to the engine-house and found there assem- 
bled from seventy to a hundred men, greatly excited 
and determined. We quickly formed ourselves into a 
Committee of Ways and Means, and resolved to spare 
no expense, nor to omit any means for the apprehen- 
sion and punishment of the guilty parties. I was 
elected Chairman of that meeting. We also immedi- 
ately sent out twenty-five armed men to patrol the 
streets leading out of town, and to guard, in boats, the 
water front. We soon after added to the patrol twen- 
ty-five more men ; soon after, fifty more ; and within an 
hour-and-one-half after the firing of the fatal shot, we 
had at least one hundred armed men, and detectives in 
the field, besides the active, vigilant, willing and in- 
telligent regular police-force of the town. In addi- 
tion, a select committee, headed by the Honorable Wil- 
liam H. White, was appointed to investigate the circum- 
stances of the shooting, and to ascertain, as nearly as 



MEMOIKS OF ORANGE JACOBS 131 

possible, the facts and circumstances identifying the 
guilty parties. I remained in the engine-house until 
after one o'clock, listening to the reports, made by pa- 
trolmen concerning suspicious characters, which were 
summarily examined and in most cases were dismissed 
as unfounded; but in a few cases the order was made 
to keep these suspects under strict surveillance, await- 
ing further developments. Between one and two 

'clock a. m. the report came in that the guilty parties 
had been arrested, delivered to the sheriff and by him 
locked up in the County jail. They had been found 
concealed under bales of hay on Harrington's wharf. 
One had in his possession a pistol, but recently dis- 
charged. There were two of them. The news of their 
capture spread like wildfire. The patrolmen and other 
citizens came rushing in to the engine-house ; and when 
the captors gave an account of their success, they were 
angrily asked, why they had delivered them to the 
sheriff, and why they had not brought them to the en- 
gine-house? The question was ominous. They were 
told that the captives were in the proper custody ; and 
they were asked what they wanted the captives brought 
to the engine-house for? The reply was, that they 
wanted to look at them. This was still more ominous. 

1 saw that so firm was the conviction that the parties 
arrested and in the rightful custody of the sheriff, were 
the guilty parties, that if the populace could get hold 
of them they would be strung up, without examination 
or trial. To this threatened act I was opposed, and I 
left the meeting and went down to my office. The 
light was still burning in the front room ; I extinguished 
it, and, leaving the front door unlocked, went to the 
rear or consultation-room, locked the door and sat in 
a chair to meditate in the darkness on the situation, 



132 MEMOIRS OF OEANGE JACOBS 

or condition of affairs. I had not been there long be- 
fore two persons whom I recognized by their voices 
came into the front room and called me by name. I did 
not answer. They then came to the door of the con- 
sultation-room, rapped on the door, called me by my 
name and gave their own names. I finally admitted 
them. They told me that they had just left the crowd 
at the engine-house, and that the determination was 
fast approaching unity, and, if its culmination was not 
prevented, the captured men would be taken out of the 
jail and hung that night. They thought that I might 
prevent such an unnecessary and unwarranted ending 
of our grand and successful work. Knowing that the 
sheriff was a man of nerve and courage, and fearless 
in the discharge of his official duty I dreaded the re- 
sult of such an undertaking, and I finally consented to 
go. 

Upon arriving at the engine-house I found it filled 
by an excited yet joyous crowd. I made my way 
through this crowd to the rear of the large assembly- 
room, and while working my way through, received 
something of an ovation. While yet standing, someone 
said: ''Judge, we thought you had thrown off on us." 
"Never," I replied. "But to illustrate my position," I 
said, "let me tell a story: Three negroes, passionately 
fond of hunting, and whose ambition in that regard 
was not fully satisfied by the capture of deer, turkey 
and quail in their native State, decided on a hunting- 
trip in the Rocky Mountains, to add the capture of 
larger and more dangerous game to their trophies. Be- 
ing fully equipped, they bought tickets for a recom- 
mended point in the mountains. Arriving there, they 
left the train and went up into the dark woods, the 
sunless canyon, the silent coves and snow-crowned 



MEMOIRS OF ORANGE JACOBS 133 

mountains, where the denizens of the wild were sup- 
posed to dwell. On the second day of their camping- 
trip, they came upon a large grizzly bear in a moun- 
tain cove. They fired at the grizzly and wounded him. 
Then the scene changed, and the bear commenced to 
hunt them fiercely. Two of them succeeded in climb- 
ing trees, but were unable to take their guns up with 
them. Sam, the other, was pushed so closely that he 
was unable to tree. He ran in a circle, with the bear 
in close and hot pursuit. His companions, safely perch- 
ed in their tree, halloed to him to run. 'Sam, for God's 
sake, run. ' One of the companions slipped down from 
the tree and, as Sam and the bear approached him, 
made a successful shot and finished the race so far as 
bruin was concerned. Sam, as soon as he could get 
his breath, says: 'What did you niggers mean by 
crying out to me, run Sam, for God's sake, run? did 
you suppose I was such an enormous fool as to throw 
off on that race?' " I told two more of the most ludi- 
crous and laughable stories that I could think of; the 
object being manifest: I wanted time for the sober 
second thought to assert itself. I continued somewhat 
thus: "Are you afraid that the sheriff will send away 
the prisoners tonight, or that they will escape? If so, 
that can be prevented by sending twenty-five or fifty, 
or if you please, one hundred men, to keep watch and 
guard until nine o'clock tomorrow morning, when the 
justice has promised me to hold a public examination 
of the prisoners in the Pavilion, where all may come 
and see them and hear the examination. ' ' The Honor- 
able William H. White, who was present, made a clear, 
earnest and forcible speech in favor of the proposition, 
and it was carried by a good majority. 

The Pavilion was on the Southeast corner of Front 



134 MEMOIRS OF ORANGE JACOBS 

and Cherry Streets. It was used as a church, as a 
Court House, as a theater, and for all public meetings. 
It was over a hundred feet in length and about thirty 
feet in width. Its entrance was from Front Street. 

At the appointed time Justice Samuel Coombs was 
in his seat and the prisoners were present. They both 
pleaded not guilty. Honorable William H. White and 
myself acted as prosecuting attorneys. A Mr. Holcomb, 
a lawyer of good standing and ability, appeared for 
the prisoners and sharply cross-examined the witnesses 
sworn on the part of the Territory. The Pavilion was 
full of spectators, among them was his Honor Roger S. 
Greene, the then Chief Justice of the Territory. When 
the evidence was all in, the Territory waived its open- 
ing, but the prisoners' counsel made a brief argument 
in their behalf. The Territory waived its right to re- 
ply. During the progress of the examination, the win- 
dows in the rear of the Pavilion had been quietly re- 
moved. 

The Justice, after a few moments of reflection, de- 
clared that the evidence of the prisoners' guilt was 
clear and convincing beyond a reasonable doubt, and 
the order of the Court was, that they be held for trial 
without bail. When the Justice had ceased speaking, 
someone — I have never learned who it was — slapped 
his hands together three or four times; and that im- 
mense audience rushed with one accord to the open 
windows in the rear, taking the prisoners along with 
them. Judge Greene, at first, seemed dazed by this 
sudden rush, but in a short time he started to follow 
the crowd. A man standing near seized him as he at- 
tempted to go, pulled down the theater curtain, threw 
it over the Judge's head, and securely held him until 
the crowd was nearly all out of the building, where- 



MEMOIRS OF ORANGE JACOBS 135 

upon James McNaught quietly said: "Let him go." 
The Judge quickly rushed out of the building and 
down the alley to where the hanging was taking place. 
He seized one of the ropes and attempted to cut it, but 
he was soon hustled out of the crowd. Governor Elisha 
P. Ferry then advised him, as he could do nothing, to 
go home. This he did. The man who had thrown the 
theater-curtain over the Judge's head was asked why 
he did so ; his answer was, that Justice ought to be 
blind, on such an occasion especially. 

There were on the north side of James Street two 
large-sized maple shade trees standing eight or ten 
feet apart. It was in these trees that a strong scantling 
had been placed, to which the prisoners were hung. As 
soon as the two men had been swung up, someone in 
the crowd cried out : l * Our work is not yet completed ; 
let us hang the murderer of old man Sires to the same 
scantling." The idea was immediately seconded, and 
about one-half of the crowd went up to the County 
jail, broke down its doors, took the murderer who 
was awaiting his trial, put a rope about his neck and 
quickly returned with him to the fatal scantling. The 
rope was thrown over it, and he was swung into 
eternity. 

I left the Pavilion soon after the crowd had retired, 
and walked slowly down to James Street. I arrived 
there just as the crowd was running down the hill with 
the murderer of Sires. A gentleman rushed up to 
me as I was slowly walking across James Street and 
said: "Judge, how do you feel about this proceeding?" 
I answered: "As a member of Judge Greene's Court, 
I feel terribly indignant; but as a private citizen, I 
think that I will recover." 

Sires, who had been killed about a month before by 



136 MEMOIRS OF ORANGE JACOBS 

a ruffian of the name of Payne, was an aged pioneer. His 
life for many years had been a rough one, and slightly 
bordering on toughness; but he had reformed and 
joined the church ; and as he was a man of good ability, 
he occasionally preached. Confidence in his sincerity 
and genuine reform was general. He was poor, and, 
to aid in his support, he was given the office of police- 
man. While in the discharge of his duties as such, he 
was shot down by Payne. There was no doubt of 
Payne's guilt. 

A coronor's jury on the hanging was summoned. 
Of this body I was a member and its foreman. We 
examined, I think, twelve witnesses. They all testified 
that John Doe and Richard Roe and Payne came to 
their death by hanging. Who were present, aiding, or 
abetting, or counselling, or advising, or actually do- 
ing the said hanging, or in any manner participating 
in the same, they all swore that they did not know. 
Finding that other and further investigation would 
be futile, we ceased taking testimony and joined in a 
verdict embodying what has been stated, with the ad- 
dition that while we regretted the mode of their tak- 
ing-off, yet we were certain in the death of the prison- 
ers that the Territory had lost no desirable citizens, 
and Heaven had gained no subjects. 

Court convened in a few days and Judge Greene 
gave the grand jury a well-prepared, able and elab- 
orate charge, stating that everyone who participated 
in, or counselled, or advised, or actually performed 
the acts resulting in the death of these three men was at 
least guilty of manslaughter. He earnestly urged the 
grand jury to fearlessly investigate the matter, and if 
they were convinced that any person participated in 
the hanging of the three persons in any way spoken 



MEMOIRS OF OEANGE JACOBS 137 

of by him, they ought to find indictments accordingly. 
Everybody honored the Judge for the faithful, fearless 
and full discharge of his duty in the matter; but his 
brave charge resulted in nothing. Thus ended the 
second, most tragic event in the history of the City of 
Seattle. 

Whatever we may think of the mode of the taking- 
off of these three men, everyone admits that the result 
was beneficial. Security in person, property and habi- 
tation was again enjoyed. The criminal classes silently 
left the town, and peace and order reigned. 



Chinese Riots 



The next tragic chapter in the history of Seattle 
occured in the winter of 1886, and is known as the Chi- 
nese Riots. It is not my purpose to give a detailed 
statement of either the cause or the facts attending 
them. They had no substantial cause. They sprang 
from race prejudice and political madness. There had 
been no actual or threatened invasion by the Chinamen, 
of the rights of persons, or of property, or of personal 
security. In fact, the Chinamen were a quiet and peace- 
able folk, engaged in the more humble occupations of 
life. They did not interfere in politics, or in the social 
or civic concerns of society. In numbers they were a 
small body as compared with the dominant race. In 
these circumstances it was resolved by quite a large 
but irresponsible faction that the Chinese must go; 
and a notice was served upon them fixing the time of 
their required departure. They paid no attention to 
it, but continued in their peaceful avocations. At the 
appointed time, a large committee — headed, I am sorry 
to say, by two lawyers who were backed up by promise 
of support of their fellow conspirators — went to the 
Chinese quarters, and, with threat of the use of force 
if they did not obey, compelled them to pack up their 
portable effects and to go to a designated wharf where 
they could go aboard of a steamer bound for San 
Francisco. There was a strong line of assistants to 
speed their progress to the wharf, and to guard them 
after their arrival there. Many thus, were deported. 

138 



MEMOIRS OF ORANGE JACOBS 139 

The Courts soon interfered. Writs of Habeas Corpus 
were granted to the Chinamen, and, no cause for their 
restraint appearing, they were discharged. His Ex- 
cellency, Governor Watson C. Squire, being in town, 
ordered out the Militia, which under the command of 
the bold and fearless Col. J. C. Haines, who was ably 
assisted by General E. M. Carr and others, did effective 
work. The posse comitatus was also summoned, and 
it quickly responded. In the afternoon of that fatal 
day a conflict occurred between the opposing forces 
near the Old New England Hotel; shots were fired by 
both parties, and two of the rioters were seriously 
wounded. The flow of blood seemed to have a cooling 
effect on the rioters, and they slowly departed for their 
homes, disappointed, defeated in their purpose, and 
with smothered feelings of vengeance. 

The Governor, wisely considering the actual and 
threatened danger existing, proclaimed martial law, 
suspended the writ of Habeas Corpus until further or- 
ders, and by telegraph requested the President of the 
United States to send a Federal military force ade- 
quate to preserve order, to vindicate the supremacy of 
the treaties of the United States and the honor of the 
Government. That military force soon appeared under 
the command of General Gibbons, and for two weeks or 
more the town was under martial law. Peace and or- 
der having been restored, and the sober second thought 
having asserted its dominion, the troops were with- 
drawn and all was well. Thus ended the third chapter 
of tragedy in the history of the town (now City) of 
Seattle. 



Battle at Seattle 



After my arrival in Seattle in the summer of 1869, 
I became much interested in Seattle's local history. I 
had known and read of the Indian war of 1855-6, and of 
the attack on the town of Seattle by the Indians on 
January 16th, 1856, in which two white men were 
killed; but of the details of that attack, and of the 
ensuing battle, I knew nothing. I wrote to Lieuten- 
ant Phelps, who was an officer on the warship "Deca- 
tur" at the time, and who had written and published 
an account of the battle, to send me his pamphlet con- 
taining such descriptive account, and he promptly and 
courteously complied with my request. In addition to 
that official statement, I obtained from many of the 
leading residents at the time further details, facts and 
information hereinafter stated. 

I ought possibly to state that at the request of 
Hillory Butler, a dear friend and pioneer, who was pres- 
ent and participated in the fight, I wrote his biography, 
from which the following is taken. Further to under- 
stand the situation, it ought to be remembered that 
the side-hill fronting the bay from the east line of 
Second Street (now Avenue) eastward was a dense 
copse of fern and brush, logs and tree tops, as well as 
standing timber to the top of the ridge and beyond, af- 
fording an excellent cover, or ambuscade for the In- 
dians. 

"In the fall of 1855 the Indian tribes east of the 
mountains became hostile. A small force under Major 

140 



MEMOIRS OF ORANGE JACOBS 141 

Haller was sent into the Yakima country to reduce the 
hostiles to subjection. This force was defeated and 
driven back to The Dalles. This but aggravated the 
discontent of the Indians and well-nigh precipitated a 
general uprising. A feeling of dread and insecurity 
among the settlers was everywhere present. As pre- 
cautionary measures, block-houses were built and 
stockades constructed, in many cases none too soon. 
A block-house was built in Seattle near where the 
Boyd building now stands. Hostile emisseries were 
known to be at work among the Puget Sound tribes. 
Some of the tribes were known to be wavering in their 
allegiance to the whites and many individuals of all 
these tribes had joined the ranks of the hostiles. The 
people of Seattle, however, felt quite secure for the 
"Decatur," a thirty-gun United States war-ship, under 
the command of Capt. Gansworth, lay at anchor in the 
harbor. Her crew consisted of 150 men. There was 
aboard of her also a company of marines, under the 
immediate command of Lieut. Morris. Notwithstanding 
all this, the evidence of an impending attack, became 
from day to day more convincing to those who calmly 
studied the situation, and had an accurate knowledge 
of the Indian character. They were, however, the few ; 
the large majority were unbelievers, and the block- 
house was tenantless. On the morning of the 7th day 
of February, 1856, friendly Indians brought the dire 
intelligence that the town was entirely surrounded with 
a force of from five to eight hundred hostile Indians, 
under the command of Leschi, and other hostile chiefs. 
Even then, no other attention was paid to this startling 
information than the sending word to the commander 
of the "Decatur." He, however, immediately acted 
on the information and sent Lieut. Morris, with the 



142 MEMOIRS OF ORANGE JACOBS 

company of marines and one of the ship's guns, to the 
shore. They landed on the point a short distance 
south of where the New England Hotel now stands. 
It was about seven o'clock in the morning. Not an 
Indian was to be seen. All work had ceased. Silence 
reigned supreme. Men, women and children quietly 
went to the block-house, or stood in the door-way, or 
beside their cabins, watching the movement of the 
soldiers. Lieut. Morris loaded his cannon with a shell 
and directed aim to be taken at an abandoned cabin, 
situate on the point a short distance beyond where the 
gas works now are. The aim was accurate. The shell 
struck the cabin, exploded, and demolished it. That 
shot of defiance was immediately answered by the In- 
dians, by a volley from, three to five hundred rifles. 
Then followed a general stampede of men, women and 
children for the block-house or the friendly protection 
of the shore bank — and had it not been for the fact, 
that the rifles in the hands of the Indians had been gen- 
erally emptied by the first volley, many of the inhabit- 
ants would have fallen on their way to the sheltering 
bank or block-house. The Indians were here, and skep- 
ticism was at an end. The smoke from the rifles indi- 
cated clearly that the front line held by the Indians 
extended along where Third Street or Avenue now is 
until Marion Street was past, where it curved towards 
the bay. It was a complete semi-circle, and every part 
of the then town was within easy rifle range, from 
said line. 

"The 'Decatur' opened with solid shot and shells 
— alternating with canister and grape. All day long 
the roar of the Decatur's cannon continued. The 
ground beyond Third Street was torn up by exploding 
shells — huge logs and trees were splintered by solid 



MEMOIRS OF ORANGE JACOBS 143 

shot — and seemingly every space covered by showers 
of grape and canister, bnt still Leschi's warriors held 
their lines. They kept up a desultory firing all day 
and continued the same until about midnight, when 
they withdrew as noiselessly as they came. Three 
whites were killed during the day — Young Holgate was 
struck by a bullet between the eyes, while he was 
standing in the block-house door, and was instantly 
killed. The others were killed in the attempt to go, 
or return from their cabins. Every house was struck 
by Indian bullets. Strange to say, no one was hit by 
the first general volley fired by the Indians. How 
many Indians, if any were killed or wounded, during 
the fight, has never been known. 

"When the first gun was fired Mr. Butler and his 
wife were just sitting down to breakfast. They both 
jumped from the table and went to the door. The 
bullets from the answering volley struck all around 
them. Mrs. Butler hastened to the block-house and 
safely reached it. Butler gathered up a few valuables 
and followed in a short time. He, however, sought 
the friendly protection of logs and stumps, for the In- 
dian rifles were now reloaded and the closeness of the 
whizzing bullets indicated that the Indians were watch- 
ing his stealthy flight. He returned to his house in the 
same manner during the day for some portable valu- 
ables. While there, he went up stairs, but the bullets 
were rattling around in a manner a little too spiteful 
and plentiful, and he did not stay long. Those of the 
men who had rifles, took positions behind some pro- 
tecting log or friendly stump, and fired at the spot 
where the puff of a rifle indicated an Indian warrior 
concealed. Whether these shots were effective or not, 
is unknown — they often caused a cessation of firing 

10 



144 MEMOIRS OF ORANGE JACOBS 

from that ambuscade. As full of terror as were the 
events of that February day, the duration of its ef- 
fect on the minds of the pioneer settlers of the embryo 
city was but brief. It was but a thrilling passage in 
the unwritten history of pioneer life. After the roar 
of the Decatur's cannon and the sharp crack of the 
rifle had ceased, all returned to cabins and homes, and 
soundly slept and sweetly dreamed of the good time 
coming. Such is pioneer life, and such the mental con- 
ditions, and characters it begets. Still we cannot dis- 
guise the fact that had it not been for the presence of 
the war-ship Decatur, with her complement of guns 
and fighting men, the town would have been plundered 
and burned, and its inhabitants would have perished in 
a terrible massacre. 

" During that fated morning Chief Seattle with 
many of his tribe lay under the cover of the friendly 
shore-banks, silent and stolid spectators of the raging 
battle. During a lull in the firing, he, to the astonish- 
ment of all, leaped upon the bank and with arms fly- 
ing, and voice roaring defiance, commenced a bending, 
bounding and contortion war-dance of the most intens- 
ified order. The hostiles quickly got the range, but 
as soon as the bullets commenced to sing around him 
in dangerous proximity, Seattle's feet flashed in air 
as he made a headlong plunge down the bank. Seattle's 
war-dance was over, and he attempted no repetition of 
the performance on that gloomy day. Many who wit- 
nessed this strange performance supposed that the old 
chieftain had received a mortal shot, but he had es- 
caped without a scratch. 

"The Indians, in giving an account afterwards, of 
the firing from the ship, said that they were not afraid 



MEMOIES OF OEANGE JACOBS 145 

of the solid shot and grape and canister, but the guns 
that 'poohed' (or shot) twice were a mystery and ter- 
ror to them. This was their description of the firing 
and explosion of shells. 

1 ' This was in harmony with the idea of the Indians 
on the plains in their first intercourse with the immi- 
grants. The first immigrants' trains had with them 
mountain howitzers mounted on strong gun carriages. 
The Indians spoke of the Bostons as a tribe of men who 
could shoot their wagons at them. 

"A kindred idea was entertained by the Mexicans, 
of the Spaniards when Cortez first invaded Mexico. 
The Mexican had no written, but a pictorial language. 
The Spaniard on his horse was pictured as one animal 
with two heads, four legs and two arms. This was the 
description which the correspondents of those days 
first sent to the Halls of Montezuma for the inspection 
of an affrighted monarch. 

"We have already stated that during the battle 
a large number of shells fell upon the benches between 
Third Street and the bluff beyond. Most of them ex- 
ploded when they struck the ground, or a log, or a 
tree. Some of them, however, did not, but buried them- 
selves in the earth or under the roots of huge trees, re- 
taining all their latent forces. It is said that our 
friend Dextor Horton on one of his tours of inspection 
of the improvements going on in his loved city one 
chilly day, passed by the lots on which Mr. Colman's 
fine residence now stands. Noticing a crater of fire 
burning in the center of a mammoth cedar stump, he 
drew near to it to enjoy the genial heat. As is always 
characteristic of man, he turned his back to the fire, 
parted his coat tails, and was comfortable. As the 



146 MEMOIRS OF ORANGE JACOBS 

day, although cold, was clear and the bright waters 
of the Sound were before him — the dark forests beyond 
and still beyond, the Olympic Range with its ragged 
ridges then snow-crowned — as he was drinking in this 
scene of beauty and grandeur, lo ! a terrific explosion 
occurred. Impelled by the impetus of the explosion 
he made a quick start and very fast time, for a short 
distance. Convinced, however, that the shooting was 
over, he stopped and turned to see what had happened. 
The stump was gone, the fire extinguished, and he 
left with the mournful remark, that he had no idea the 
durn stump was loaded/ ' 



My Religious Belief 

I believe in that system of religion which produces, 
in its practical operation, the best man and the best 
woman, the best husbands and the best wives, the best 
fathers and the best mothers, the most affectionate and 
obedient children, and the more honest and patriotic 
citizens and public functionaries. I care not what you 
may call it; by its fruit or practical results it should 
be judged. This is the Bible rule, and it is eminently 
practical and just. 

I further believe in the existence of an allwise 
Creator of all things — the Supreme Ruler of the Uni- 
verse. I do not beilieve in him as a Supreme Ruler 
located at some distant point in an immense Universe, 
but as an omnipresent God. 

I believe in the immortality of man — not of his 
physical nature, but of that divine emanation breathed 
into the nostrils of man by his Cr eater that made him a 
living soul. It was an emanation from God and can- 
not die. 

I do not intend to state more than one reason 
among many for my belief in the existence of God ; but 
the immortality of man, founded on reason, outside of 
the Scriptural declarations, I shall present more elab- 
orately. 

When I take a survey of the Universe and find all 
things running in the rhythm of order and harmony, I 
ask myself the question : What is it that produces this 
universal order and harmony ? No answer can be given 

147 



148 MEMOIRS OF ORANGE JACOBS 

other than that it is the result of law. Now, we can 
have no more conception of law outside of a lawmaker, 
than we can have of an agent without a principal or 
an agency. Law and lawmaker, as well as agent and 
principal, are inseparably interlocked. The one can- 
not exist without the other. Therefore since we must 
admit the existence of law, the existence of a lawmaker 
is a necessary logical sequence : that lawmaker, is God. 
As to the immortality of the soul, I offer the following 
reason, founded principally on grounds outside of the 
Bible's declaration of the fact. 

Ever since the poetic Job uttered the profound 
question, "If a man die shall he live again?" the in- 
quiry has been ringing down the pathway of time with 
increasing interest. Man's immortality is usually 
proven by the declarations of the Bible, which are sup- 
posed to reveal it as an ultimate truth. The immor- 
tality of the soul is susceptable not of demonstration, 
but of reasonable proof by reason itself. If we concede 
the existence of God with the attributes usually 
ascribable to such a being, and which He must 
necessarily possess in order to be God, such as 
infinite wisdom, goodness and Almighty power, and 
if we concede further that He is the Creator of 
man, man's immortality results as a logical sequence 
from such concessions. The desire of immortality, 
if not universal among all conditions of men, at least 
approaches universality. This universal desire may be 
called an innate property, or attribute of man's moral 
constitution implanted in him by his Creator. It can 
not be true that a being with the attributes which we 
ascribe to God, could create man with such a desire, to 
tantalize him through life, and to disappoint him in 
death. Consider the fact that nowhere in nature, from 



MEMOIRS OF ORANGE JACOBS 149 

the highest to the lowest, was an instinct, an impulse, 
a desire implanted, but that ultimately were found the 
conditions and opportunities for its fullest realization. 
Consider the wild fowl that, moved by some mysterious 
impulse, start on their prodigious migrations from the 
frozen fens of the Pole and reach at last the shining 
South and summer seas ; the fish that from tropic gulfs 
seek their spawning-grounds in the cool, bright rivers 
of the North; the bees that find in the garniture of 
fields and forests the treasure with which they store 
their cells; and even the wolf, the lion, and the tiger 
that are provided with their prey. Look in this con- 
nection to the brevity of life; its incompleteness; its 
aimless, random, and fragmentary carreers; tragedies; 
its injustices; its sorrows and separations. Then con- 
sider the insatiable hunger for knowledge ; the efforts 
of the unconquerable mind to penetrate the mysteries 
of the future; its capacity to comprehend infinity and 
eternity; its desire for the companionship of the de- 
parted; its unquenchable aspirations for immortality — 
and let me ask : ' ' Why should God keep faith with the 
beast, the bee, the fish, and the fowl, and cheat only 
man?" But the logical sequence from the concessions 
mentioned above is not the argument in proof of man's 
immortality which I desire to present. 

The account of the creation of man as given in the 
Bible is remarkable for its statement of the distinguish- 
ing difference between man and the rest of creation. 
When man was created, God breathed into his nostrils 
the breath of life, and man became a living soul. He 
created the beasts of the field, the fowls of the air, the 
fishes in the sea and the creeping things on the earth, 
but none of these became living souls. This language, 
whether inspired or not, states the difference which 



150 MEMOIRS OF ORANGE JACOBS 

now exists and which has ever existed between man and 
the other created things. What do we understand by 
soul? By soul is meant the power to think, to reflect, 
and to judge of the moral quality of actions and 
thoughts. Let me take the sceptic's standard of what 
we should believe, and what we should not believe ; that 
is, we ought not to believe that of which we have no 
evidence, and for which we can give no satisfactory 
reason. I proceed by a process of elimination, as will 
be readily seen. My first proposition, interrogatively 
stated, is this. Is the power to think and reflect and to 
judge of the moral quality of thoughts and actions, a 
property of matter or not? If it is a property of mat- 
ter, then the sands and rocks and the earth think and 
reflect and judge of the moral quality of actions and 
thoughts; but we have no reason to believe that sand, 
or rock, or earth thinks, or that either possesses the 
ability to judge of the moral quality of actions or 
thoughts; hence we ought not to believe it. Thus we 
see that the general proposition is not true, and ought 
not to be believed. 

Secondly — Is thought and the power to judge of the 
moral qualities of thoughts and actions a property of 
organized matter ? The grass and shrubs and trees 
are organized matter ; but we have no reason to believe, 
and no evidence upon which such a belief can be found- 
ed, that the grass, or trees, or shrubs think, or possess 
any power to judge of the moral quality of things; 
therefore, according to the standard which we have 
adopted, we ought not to believe it ; hence the more lim- 
ited proposition is not true. 

Thirdly — Is the power to think, to reflect and to 
judge of the moral quality of actions and thoughts a 
property of animal organization? If it be, clams and 



MEMOIES OF ORANGE JACOBS 151 

oysters as animal organizations think ; possess the pow- 
er to reflect and to judge of the moral quality of 
thoughts and actions, but we have no evidence that they 
possess any of these powers, and consequently we 
ought not to believe it. 

Fourthly — Are the powers we have been consider- 
ing essential to the existence of soul-life, possessed by 
the higher animal organizations, such as lions and tigers 
and domestic animals? 

Here an important distinction must be noted. 
There is a thing, universally recognized as existing, 
called instinct. All of the actions of animals and many 
of the actions of human beings spring from instinct. 
Instinct was given for self-preservation and defense. 
It is a sort of semi-intellect, and sometimes in the per- 
fection of its action is equal to the highest development 
of soul-power ; for instance, the action of a bee, purely 
the result of instinct, in the economy of space in the 
fitness of all its contrivances in making the comb, is 
wonderful; no improvement can be made upon it by 
the highest development of inventive genius. How does 
instinct act as contra distinguished from actions based 
upon the exercise of soul-power? Instinct acts in a 
straight or direct line with its object. As an illus- 
tration. — a tiger is hungry, a man is hungry; the tiger 
sees a lamb — the man sees a loaf of bread in the bak- 
er's window; both, left to the impulse of instinct, 
would go directly to the object desired by each; the 
man, although cruelly hungry, as he approaches the 
object of his desires, says to himself, "This bread does 
not belong to me; it is the property of another, and 
I have no right to take it without his consent." Here 
we see, in the case of the man, a soul-power acting at 
right angles with the impulse of instinct and controll- 



152 MEMOIRS OF ORANGE JACOBS 

ing and governing the action of the man. It is only 
when men are controlled by soul-power, as against in- 
stinct, that they really are men in the higher sense of 
the term. 

"With this principle thus briefly stated, and care- 
fully separating the actions of men as well as animals 
springing from instinct from the actions of men 
springing from the soul-power, we are prepared to 
make the declaration that the tiger is incapable of act- 
ing on the considerations that influenced the action of 
the man ; the rightfulness or wrongfulness of his act in 
seizing the lamb did not, nor could it enter at all into 
his action ; he was affected by no consideration of right 
or wrong, and indeed could not be ; hence we are pre- 
pared for the conclusion that the power to think, to re- 
flect and to judge of the moral quality of acts and 
thoughts, is not possessed by the higher animal organ- 
ization, or, in other words, that they have no soul such 
as we have defined it. Having thus briefly shown by 
a process of elimination that man alone possesses the 
power that we have described as soul-power, we have 
established the first part of our argument. 

Man alone being possessed of soul qualities, the 
question arises, what are the duration of these quali- 
ties? We argue that, being an emanation from God, 
they must of necessity partake of the nature of God, 
and are therefore indestructible, and eternal. But it 
is objected that when the body dies we see no more 
manifestation of soul-life. Concede it, for the sake of 
argument. Does it follow that the soul is extinct ? The 
body was the instrument through which the soul mani- 
fested itself, just as the piano is the instrument through, 
or by which, a certain class or kind of music is mani- 
fested. Is the impairment or destruction of the par- 



MEMOIRS OF ORANGE JACOBS 153 

ticular piano, a destruction or extinction of that music ? 
Who would thus reason ? The music manifested through 
that piano had an existence in the mind, or soul of 
some person anterior to the existence of the signs made 
on paper by the use of which the music on the piano 
was produced, or manifested ; and it is evident that the 
impairment or destruction of the piano did not destroy 
the music. "What force, then, is there in the claim 
that, simply because the instrument through which the 
soul manifested itself is dead, the soul itself is dead, 
or extinct ? There are many illustrations of this thought 
in actual life. The wonderful, almost inspired, con- 
ception of beauty, passion and anguish transferred by 
the artist's brush to canvas, as enduring monuments 
of the immortality of genius, existed in the mind of the 
artist before a single line of the grand conception was 
transferred to canvas. If there be any defect in the 
picture it is usually a defect of execution, not of con- 
ception. The canvas is but the means by which these 
conceptions of beauty, passion or anguish are mani- 
fested to the souls of others. Who will argue that the 
destruction of the frail canvas is the destruction of 
these conceptions? They existed before they were 
transferred to canvas; its destruction does not extin- 
guish them. 

It is said again, that soul-attributes are the results 
of that mysterious power called life, operating in con- 
nection with animal organization. But a tiger has life 
and animal organization, yet it is clear that he pos- 
sesses no soul-qualities. Besides, if soul-qualities are 
the result of such life and organization, the manifesta- 
tion of soul-power would be in exact proportion to the 
strength of the forces operating to produce this re- 
sultant ; hence the elephant, in which these forces exist 



154 MEMOIRS OF ORANGE JACOBS 

in the larger degree, would give us the grander mani- 
festation of intellectual and moral qualities. I have 
stated the objection and given a brief answer, but full 
enough to show the logical absurdity of the objection. 

But it is said that soul-qualities are the active man- 
ifestations of gray matter in the human brain. We have 
already seen that the power to think, to reflect, and to 
judge of the moral quality of thoughts and acts, is not 
a property of matter. None of it, by itself or in com- 
bination, possesses this power. Wonderful have been 
the combinations and resultants of the operations of 
chemists, but life even in its simplest form is beyond 
their power. How much further beyond their power 
must be the production of the soul-power mentioned 
above! Besides, this gray matter has been analyzed 
and its constituent elements ascertained; none of these 
elements in its simplest form show any trace of this 
power. How is it possible, then, by combination to 
produce that of which no trace even existed in the ele- 
ments? Then too, if this power is resultant, it is a 
law of chemistry that all resultants may be reduced 
back to its constituent elements. It would indeed be 
a wonderful achievement to reduce the power to think 
as a resultant, back to its constituent gases. Again, 
take the case of a strong and healthy man suddenly 
killed by a bullet penetrating both ventricles of the 
heart; this gray matter exists intact in the brain im- 
mediately after the extinction of life. Decay does not 
immediately affect its power. Does the man think, re- 
flect and judge of the moral qualities of thoughts and 
acts after the extinction of life? If so, then this soul- 
power exists after death, and the argument answers 
itself. 

This argument has proceeded far enough to show 



MEMOIRS OF ORANGE JACOBS 155 

its line of thought. Much might be added by way of il- 
lustration, details and further supporting propositions, 
but it is not deemed necessary. 

I conclude, then, that the soul is not only a unit 
with the power ascribed to it, but that it is also an 
invisible, immaterial and eternal entity or being. This 
is but the enumeration of the attributes of a spirit or 
spirit-existence. I will not attempt to repeat the rea- 
sons found in every text-book of mental philosophy and 
moral science to show its unity. We have seen that it 
is not matter,- yea, more, that it is not a property 
of matter; therefore that it is immaterial. If imma- 
terial and possessing the power to think and reflect, and 
endowed with moral sensations and perceptions — the 
highest and best evidences of life — it is a spirit-exist- 
ence. As such, what evidence have we that a spirit- 
existence was ever destroyed? That it exists in mani- 
fest. Existing with no evidence of its destruction or 
of its destructibility, we ought to believe in its im- 
mortality ; hence, I conclude, if a man die, he will live 
again. 

I have had a controversy on religious, subjects but 
once in my life. I have always desired to avoid such 
controversies. Fixed religious opinions in the minds of 
others, especially of the old, I regard as sacred. To 
create a doubt, is to loosen them from their moral and 
religious moorings and to set them hopelessly adrift. 

After I had left school and was recuperating at my 
father's house, a gentleman of the name of Wellover, 
who had known me all my life, and who was a plain 
man of the common people, came to my father's house 
to see me. His residence was in what was called the 
Burr Oak Settlement, distant about six miles from the 
town of Sturgis. He was a member of the Methodist 



156 MEMOIRS OF ORANGE JACOBS 

Church and a very exemplary Christian. He seemed to 
be much troubled. He said to me: "Orange, you know 
I have been a believer in the Bible and its doctrines for 
many years. A man has been delivering a course of 
lectures in the school-house in our settlement. He 
claims to be a Greek and Latin scholar, and he is at- 
tempting to show that the priests have so translated the 
Bible that it is a deception and a fraud. Now, Orange, ' ' 
he said, "I want you to go down with me to listen to 
one of his lectures, and afterwards to tell me whether 
his translations are true or not." I said to him, "You 
go up to town and see William Allman, who is a grad- 
uate of Greenbury College, Indiana, and is reputed to 
be a good Greek scholar, and ask him to ge with me. 
Tell him to bring with him his large Cooper's Greek 
Dictionary, and if he will go, I will also." He departed, 
and soon returned with Allman. I took my large 
Cooper's Latin Dictionary; we got into Wellover's 
carriage and we went to his fine residence, took sup- 
per with him, and then went to hear the lecture of that 
evening. "We found a good-sized audience in attend- 
ance at the school-house. The lecturer, who had passed 
the middle age in life, stated in his introductory re- 
marks that he would pursue the same course as there- 
tofore, and show, by reference to the Greek and Latin 
languages, how the priests had translated the Scrip- 
tures; sometimes correctly, but in most cases, where 
their interests were involved, so as to create a dismal 
terror in the present, and perpetuate by fear, their 
power in the future. He said that if there were any 
present acquainted with these languages, he would 
be glad, if he made an incorrect statement, to be in- 
terrupted, and if the statement was incorrect he would 
correct it. He denied the existence of a God and the 



MEMOIRS OF ORANGE JACOBS 157 

immortality of man. He further declared that religion, 
on account of its doctrine of hate and vengeance, made 
men crazy. I interrupted, and asked him what was 
the proof of the last statement; he said the proof was 
manifest, for that men babbled of religion, of God, 
immortality and hell, after they became crazy. I an- 
swered by saying that I had heard men babble of 
snakes in their boots, snakes in the bed and snakes 
everywhere in the room, but I never knew that snakes 
had anything to do with their madness ; in fact, I said, 
such madness had a well-recognized and efficient cause. 
He said: "Don't attempt to be smart, young man," 
and I took my seat. He further declared that if man 
were immortal, beasts were also, for the Romans had 
used the word "animus" indiscriminately as to both, 
and that the priests had translated "animus" to mean 
intellect and what was called by them, the soul of man. 
I told him I thought he was mistaken. He rather un- 
courteously asked me what I knew about Latin. I 
told him that I had some knowledge of it and that the 
Romans used the word "mens" from which we de- 
rived our word mind, mental, and many other words 
of the same character, to signify the soul of man; and 
did not use the word "animus" for that purpose, or 
with that meaning. I read to him and to the audience 
from the Dictionary the difinitions of ' ' animus ' ' and of 
"mens. " This drove him out of the Latin language, and 
he and Allman had a spirited and sharp and somewhat 
personal dispute, about some Greek or pretended Greek 
word. The controversy showed that he had no knowl- 
edge, or only a very limited knowledge, of what he was 
talking about. He said, after the wrangle with Allman 
was ended, that he had been interrupted so much by 
the two young men from town, that he would not pro- 



158 MEMOIRS OF ORANGE JACOBS 

ceed with his lecture on that evening, but would close 
by telling his experience. He said that he had been 
a minister for eighteen years — nine years in the Meth- 
odist Church, and nine years in the Christian or Camp- 
bellite Church. He divided all ministers into two 
classes — knaves and fools. I interrupted him again 
and asked him, inasmuch as he had been a minister for 
eighteen years and classed all ministers as knaves and 
fools, what class he belonged to. He hesitated a mo- 
ment and said: "I am willing to confess that I belong 
to the class of fools." "Then," I said, "that confes- 
sion proves the Bible to be true, for it says, 'the fool 
hath said in his heart, "there is no God." ' The meet- 
ing dissolved, and he lectured no more in that settle- 
ment. His pretended knowledge of the Greek and 
Latin languages was a deception and fraud. 



Indians and Their Customs 



The Indians are fast passing away, and their customs 
and mode of thought are passing with them and will only 
linger in dim tradition. For over fifty-five years I have 
been in close contact with many individuals of the dif- 
ferent tribes of Oregon, Washington, British Columbia 
and California and I have taken considerable interest 
in the study of their characteristics. I have already 
stated that the Indian is an impassive stoic. If he has 
any human emotions, they are with the exception of an- 
ger, never displayed in his countenance. "When angry, 
his countenance becomes fixed, sullen, morose and deter- 
mined. He does not voice his anger, but silently nurses 
his wrath to keep it warm. He has no wit, but has a 
keen sense of the ludicrous, sometimes degenerating in- 
to short pungent sarcasm. This is the exception, not the 
general rule. He reasons from surface indications and 
has a keen perception of the absurd, or what he con- 
siders such. I have given one illustration in the nar- 
ration of E.'s civilizing efforts. It is stated that an 
Indian chief said to General Isaac I. Stevens, in one 
of his treaty conventions, "We and our fathers have 
always possessed this country. We have no objections 
to the whites coming and enjoying it with us. The 
country is ours. Why do the whites always urge the 
Indian to go upon reservations ? The Indian never tells 
the whites that they must go on reservations. ' ' On my 
return from Colville in 1855 I met an Indian with a fine 
mare. I asked him if he would sell her to me. "Yes," he 
11 159 



160 MEMOIRS OF ORANGE JACOBS 

said, ' ' you may have her for fifteen dollars. ' ' I had with 
me a surplus of blankets and coarse but warm cloth- 
ing, and I offered to trade him three pair of blankets 
and a suit of coarse clothing for his mare. It was a 
cold morning, and the grass was stiff with hoar frost. 
He had nothing on him in the shape of clothing or 
wraps, with the exception of a thin calico shirt. I told 
him that he needed these blankets and clothes to keep 
him warm. I asked him if he was not cold. He an- 
swered in the Yankee style by asking me if my face 
was cold. I told him "No." "Well," says he, "I am 
face all over." 

The most thorough and extended system of Esper- 
anto which ever existed, so far as my knowledge goes, 
was spoken on this Coast. It was an invention of the 
Hudson Bay Company, and extended and was spoken 
by the Indians generally from the northern portion 
of California through all of Oregon and Washington 
and British Columbia, and north of that along the 
Coast for a great distance. It was also spoken and un- 
derstood by the pioneers, settlers and trappers through 
all this vast region. It was Spartan in some of its 
laconisms. As an illustration: I was appointed by 
the Court, in the trial of a criminal case in Southern 
Oregon, for the defense of three Indians on the charge 
of grand larceny. They were indicted for horse-steal- 
ing. The proof against them was clear and satisfac- 
tory. I labored to reduce the offense from grand to 
petit larceny, and I succeeded, for the jury brought 
in a verdict of "guilty of petit larceny." The Court 
sentenced them to three months' imprisonment each, 
in the county jail. When their time expired, the 
sheriff opened the doors and told them they might go ; 
but, instead of going, they went to the further end 



MEMOIRS OF ORANGE JACOBS 161 

of a long, narrow hall, and two of them squatted in 
the corners and the other between them against the 
wall. The sheriff came to my office and said to me, 
" Jacobs, I want you to go with me over to the jail. 
I can't make those clients of yours understand that 
they may go." I went over with him and found them 
thus situated. I told them in the jargon, or Esperanto, 
that they had paid the debt they owed to the whites 
and that they were free to go to their homes to see 
their fathers and mothers, brothers and sisters and 
friends. The center man — the oldest of the three — 
slowly arose and very emphatically spoke the follow- 
ing: "Halo mammook, hiyu muck-a-muck, hyas close, 
wake klatawa." This being interpreted means : "We 
have nothing to do, we have plenty to eat, we think it 
very good, we will not go." We had to drive them 
out of the jail and into the road on their way home. 
I walked slowly back to my office meditating on the 
philosophy of such punishment for an Indian. 

Before I came to Puget Sound I had heard of a cul- 
tus potlatch. A potlatch is the giving-away of all of our 
earthly possessions without any hope or expectation 
of any return, either in kind or value. There was an 
Indian on the Sound known by the whites as Indian 
Jim. Jim had a wonderful ability to accumulate prop- 
erty; he was an Indian Morgan, or Rockefeller. He 
was an expert gambler and trader, and very indus- 
trious withal. He usually worked at the mills, where 
many other Indians were employed, and he not only 
saved the money earned by himself, but obtained, by 
his expertness in gambling, much of the money earned 
by the other Indians, and much of that earned by the 
white laborers. This money he invested in blankets — 
usually at Victoria. Some of his accumulation of gold 



162 MEMOIRS OF ORANGE JACOBS 

he had changed into fifty and twenty-five cent pieces. 
He also purchased quite a quantity of calico and Indian 
trinkets. When he had secured a large accumulation 
of such things, he gave a potlatch. The one I attended 
was held on the tide-flats south of Seattle. As the time 
approached, many canoes were on the Bay, headed by 
a joyous crowd going to the potlatch. Jim was very 
anxious that I should attend the closing-day of the 
potlatch. I told him that I would go. He sent a large 
canoe with eight paddle-men to take me to the pot- 
latch. So I went in style, I witnessed the closing cere- 
monies and Jim had enough to give every one in at- 
tendance, a blanket, or piece of money, or some gaudy 
calico, beads or other trinkets. 

He even took off a pretty good suit of clothes that 
he was accustomed to wear and gave them away, sub- 
stituting an old suit for them. He accompanied me to 
the city on my return. I said to him, "Jim, you now 
are a vagabond; you have no clothes to wear, no pro- 
visions to eat, and no money." He said that that was 
all right; he would soon get some more. He said it 
was all the same as that of the whites, but it was 
much better than the white man's potlatch. He said 
that whenever he met his friends he could see in their 
countenance a pleasant light. He also gave me to un- 
derstand that it made a sort of nobleman of him. But 
he said when the white man died his children make a 
potlatch of what he left behind him; and, being dead 
he could not see in their countenances that light aris- 
ing from what they had received from him. I thought 
possibly that Jim's philosophy had a touch of sarcasm, 
and a good deal of truth in it. 



In Memoriam 



James A. Garfield was elected President of the 
United States of America in November, 1880, and was 
inaugurated on the 4th of March, 1881; was shot and 
mortally wounded on the 2nd day of July, 1881; and 
was removed to Elberton, New Jersey, where he lin- 
gered until September 19th, and on that day he died — 
to the great sorrow of a waiting, hopeful and sympa- 
thetic Nation. No death in our history, save possibly 
that of Lincoln, so generally and profoundly filled the 
hearts of the American people with sorrow as did the 
death of Garfield. After its announcement a Nation, 
inspired by a common impulse, at once hung out the 
dark emblems of sorrow. 

September 27th was appointed Memorial Day. On 
the 25th a public meeting was called in Seattle at the 
old Pavilion. Honorable Roger S. Greene was elected 
chairman of that meeting, and he was to act as such 
on Memorial Day. Myself, Rev. George H. Watson and 
Honorable William H. White were invited to deliver 
at that time addresses on the character and public 
career of the fallen statesman. 

On the. appointed day an audience of over four 
thousand people assembled in front of and on each 
side of the west end of the old Occidental Hotel. The 
officers of the day and the speakers occupied the first 
balcony of the hotel. The exercises were appropriately 
opened with prayer by Rev. Ellis. Honorable Roger 
S. Greene made a brief but earnest and impressive ad- 
dress, and introduced me in the following compliment- 
ary language: 

163 



164 MEMOIRS OF ORANGE JACOBS 

"We shall hear from one to-day who can occupy 
an appreciative standpoint and speak of the departed 
President with more than common sympathy for his 
public purposes and deeds. 

"Yet more. You yourselves have something to 
say. You seek one of yourselves to speak for you; 
one who not only, like the lamented dead, thinks as 
the people think and feels as the people feel, but one 
who belongs to this local community and who shares 
our own peculiar shade of sorrow. 

"Such an one is here. He is a man skilled in the 
use of words, a man identified with yourselves, a man 
experienced and accomplished in public and national 
affairs, a man personally acquainted with James A. 
Garfield. 

"Fellow citizens, I introduce to you Orange Ja- 
cobs, your orator of to-day.' ' 

Thus eloquently introduced to the audience, I de- 
livered the following address: 

"FELLOW CITIZENS :— In arising to address you 
on this occasion I feel my own inability to do the sub- 
ject justice ; and the hollow impotence of human langu- 
age to express the sentiment of national woe. We have 
assembled to honor the memory, to revere the charac- 
ter, and recount the living virtues of a fallen patriot 
and statesman. James A. Garfield, the popular idol of 
the nation, is no more. His spirit has passed the bourne 
from whence there is no return. We have, in time of 
our greatest need, lost one of our greatest statesmen 
and purest patriots. In the mid-day of his manhood, 
in the midst of his usefulness, just as hope became 
steady, and faith reliant and sure, Mr. Garfield de- 



MEMOIRS OF ORANGE JACOBS 165 

scended to the grave. His sun of life has set forever. 
It fell from its meridian splendor, as falls a star from 
the blazing galaxy of heaven. No twilight obscured 
its setting. 

"As the sun of the physical world — the brightest 
and grandest of all of the luminaries of the firmament 
sinks to rest, tingeing the clouds that stretch along the 
horizon with the golden glories of its declining rays, 
so Garfield, the sun-intellect of this nation, has gone to 
his repose, reflecting the light of his noble deeds and 
unfaltering patriotism, tingeing the breaking clouds of 
dissention with the beauty and effulgence of hope and 
peace. 

1 ' When the telegraph flashed over a hopeful nation 
the mournful news of James A. Garfield's death, with 
the previous knowledge of the cowardly means by 
which it was effected, the great popular and patriotic 
heart momentarily ceased its pulsations, and the life- 
current of a nation, stood still for a moment, until the 
energies of patriotic vitality gathered new force to 
repel the effect of the stunning shock. Unbelief and 
astonishment were succeeded by wordless sorrow, and 
this was mingled with emotions of patriotic vengeance. 
Patriots in this mournful hour can brook no sympathy 
for the damning deed — can bear no manifestation of 
joy for the bloody work of the assassin. 

"James A. Garfield was the popular representative 
of American patriotism. As President he possessed 
no powers but those freely delegated to him by his 
fellow-citizens. His highest dutv under the Constitu- 
tion, and by the delegation of the people, was to pre- 
serve, protect, and defend the Constitution and Gov- 
ernment established by the Revolutionary Fathers. In 
the faithful discharge of these duties, he was suddenly 



166 MEMOIRS OF ORANGE JACOBS 

struck down by an assassin. The blow struck not the 
President alone; it reached in its rebound the popular 
heart of America. The shot meant the annihilation of 
delegated power, and as such reached the fountains of 
popular vitality. 

"The people, in the exercise of their inherent sov- 
ereignty, may elect, but if it does not suit he shall not 
live says the shot of the assassin. Such assassinations 
are extremely dangerous to liberty and constitutional 
government. If the will of the majority is defeated in 
this manner, popular government will not long survive. 
Anarchy, bloodshed and general civil war will succeed 
the rebound of the popular heart. The popular frenzy 
which developed itself in mobs in many sections of our 
country, on the reception of the tidings of Lincoln's 
death, is but the logical sequence of the assassin's 
stroke at civil liberty and popular rights. Then it 
behooves every well-wisher of his country, on such 
mournful occasions, to give emphasis and intensity to 
the nation's woe. For, mark you, fellow-citizens, there 
is a smothered volcano of wrath and vengeance in the 
great popular heart upon such occasions. A word may 
vent it, and fill all this fair land with the lava of blood 
and ashes. 

"One more preliminary consideration before I call 
your attention to the life, character and public ser- 
vices of our dead President. What will be the effect 
and consequence of this horrid murder, considered with 
reference to national affairs ? No one present can fully 
tell. Most of the ultimate consequences are too remote 
and recondite to be comprehended now. We must wait 
for the full development of the logic of events. This 
we know, that the time elapsing between the assassin's 
shot and the lamented death of his victim has been 



MEMOIES OF ORANGE JACOBS 167 

sufficient for the supremacy of reason and the subjuga- 
tion of passion so far as to prevent any immediate dire 
results to free government. The American people, yea 
the Anglo-Saxon race, are believers in law and order. 
They put their trust in and found their hopes upon a 
liberty regulated by law. Passion may triumph for an 
hour, but the sober-second-thought of the masses is 
sure to assert itself. Passion has never but once in 
our history crystalized into revolution. It is this subor- 
dination to law, this reverence for its majesty, this 
reliant faith in its methods and results, that constitute 
the bulwark of our liberties, and make the American 
people capable of self-government. 

"James A. Garfield was born on the 19th day of 
November, 1831, in Orange, Cuyahoga County, State 
of Ohio, and hence was in his fiftieth year when he 
died. He was a graduate of Williams College, Massa- 
chusetts. After his graduation he followed the profes- 
sion of teacher, and was president of a literary institu- 
tion in Ohio for several years. He afterwards studied 
law, and so great was his proficiency, that in legal 
knowledge and forensic power he was a foeman worthy 
of the steel of such men as Stanton, Ewing, Stanberry 
and others of national reputation at the Ohio bar. He 
entered the Union army as Colonel of the 42nd Ohio, 
in 1861 ; was promoted to the rank of Brigadier-Gen- 
eral January 10th, 1862; was appointed chief of the 
staff of the Army of the Cumberland, and was pro- 
moted to the rank of Major-General, Sept. 20th, 1863 ; 
was elected to the 38th Congress while in the field, 
and was successively elected up to and including the 
46th Congress; and while holding this last position he 
was elected Senator from the great State of Ohio, to 
succeed Judge Thurman. He never took his seat, how- 



168 MEMOIRS OF ORANGE JACOBS 

ever, in the American Senate, for he was nominated 
and elected President, before Judge Thurman's time 
expired. I ought to have mentioned that in 1859- '60 
he was a member of the State Senate of Ohio. Such 
is a brief history of this remarkable man. 

" James A. Garfield, in common with Abraham Lin- 
coln, the patriotic and lamented Douglas, and the elo- 
quent Clay, sprang from the loins of the American 
people. These all forced their way from poverty up 
to commanding positions and national renown. Their 
genius for public affairs was triumphant over all op- 
position and victorious in their rising greatness. 
The success of such men is possible only in a govern- 
ment by the people. Be it said to the everlasting honor 
of the people, and their fitness for government, that 
they not only recognized the ability of these men, but 
they gave them their affections without stint, and their 
hearty support in opposition to party. And to-day, 
from his sublime heights, he whom we commemorate 
beholds a manifestation of this affection, by a nation 
in mourning. 

"His knowledge, tact, and judgment made him 
equal to every position bestowed upon him by the par- 
tiality of his countrymen; yea, more, he was a leader 
in all. As a student, scholar, and teacher he stood 
high. As a soldier his coolness in the shock of battle, 
as well as his admirable foresight and judgment, won 
for him rapid promotion. As a legislator, debater, 
orator and statesman he had but few equals and no 
superiors. And it was in these capacities that I knew 
him well, as it is in the character of Congressman 
that he is best known to the great mass of the Ameri- 
can people, I pause for a brief time to consider some 
of his qualities as a legislator. 



MEMOIRS OF ORANGE JACOBS 169 

"He was for many years, while the Republicans 
had control of the House, Chairman of the Committee 
on Appropriations. This was a position of the highest 
importance and of the most commanding influence. It 
gave him control of all the appropriations of the Gov- 
ernment and made his the actual leader of the House. 
A defeat of this committee by the House would be as 
disastrous to the party in power as the defeat of the 
ministry in England : a defeat by his own party would 
show such lack of unity of purpose, and of objects, 
and ideas on the part of the majority, as to render 
them incapable of carrying on the Government. 

"Firm, decided, full of expedients, and wonderful 
in debate, he not only carried his measures triumph- 
antly through, but at each session strengthened his 
hold upon his party and the country. In the fierce 
contests that raged upon such occasions, he showed that 
his knowledge and intellect were stupendous. His 
quick perception grasped, his strong memory retained, 
and his ready logic commanded, immense sources of 
useful knowledge, gathered from science, reflection, the 
history of the past, and the stirring events of the pres- 
ent. In debate he rejected all rhetorical ornament, 
all ostentation and show. Stating his premises con- 
cisely, his reasoning led to the conclusion aimed at, 
as irresistibly as the current of a deep and strong river 
leads to the sea. There was a logical force and point 
to his clear sentences that tended to his conclusions 
with the directness and certainty with which the suc- 
cessive steps in a mathematical demonstration point to 
the grand result. In making an attack or repelling 
an assault upon his position, he always had a mark, 
and his intellectual shots fell in and around that mark 
with effective proximity. 



170 MEMOIRS OF ORANGE JACOBS 

"But while lie was truly great in devising and 
successfully carrying through the great appropriation 
bills, made necessary by the enormous expenditures of 
the war, he was greater by far as the philosophic leader 
of his party. 

"After the power vanished from his party in the 
House, although his knowledge, of the principles and 
rules of parliamentary law was full and accurate, he 
rarely spoke on questions of order; but when the prin- 
ciples, policy, methods, or measures of the Republican 
party were attacked, he was always put forward as 
their champion; and, although men will and do hon- 
estly differ about such matters, yet by the concessions 
of friend and foe alike, the proudest monuments of his 
intellectual greatness have for their base these masterly 
vindications. 

"He had a power of generalization and classifica- 
tion possessed by but few men. He was not a logician 
in the popular sense of the term. He addressed the 
intuitions, and consciences, of men quite as often as 
their reason. John C. Calhoun, Senators Morton and 
Bayard and Garfield, stand unrivalled among Ameri- 
can statesmen for their wonderful powers of general- 
ization, classification, and analysis. This power made 
Calhoun a dangerous antagonist to "Webster, with all 
his sledge-hammer strokes of logic and incisive reason- 
ing. Morton's fame and reputation rests upon this 
foundation alone. Garfield possessed this power in a 
remarkable degree. It was this power that enabled 
him to hold popular audiences even in a two-hours' 
speech on the dreary topics of finance. 

"He gathered up the fundamental principles un- 
derlying the complicated topics of political economy, 



MEMOIES OF ORANGE JACOBS 171 

stated them with such clearness and. simplicity, as not 
only to bring them within the comprehension of, but 
to make them attractive to the ordinary understand- 
ing. The most voluminous and complicated mass of 
facts, fused in the furnace of such an intellect, is 
quickly reduced to order; the good separated from 
the bad, the valuable from the worthless ; and the prin- 
ciples underlying the good and valuable made mani- 
fest, like as the fire of the furnace releases the precious 
metal from the rock, dirt and sand by which it is sur- 
rounded, and utilizes it for purposes of commerce and 
civilization. 

"As a speaker he was always dignified and im- 
pressive. He had strong convictions, and he uttered 
them with courage and earnestness. He was one of the 
few members who could always command the attention 
of the House. I have seen him arise in a tumult of 
excitement, and as soon as the tones of his clear, ring- 
ing voice echoed through the vast hall, all was hushed, 
and every ear was open, and every eye was turned 
toward him. I was present when he delivered his great 
speech on the importance and necessity of standing by 
the Resumption law and the currency of the Constitu- 
tion. Many members were wavering, hard times were 
abroad in the land; bankruptcies were frequent, and 
enormous in amount. There was an appalling shrink- 
age of values, and a wild cry came up from the North, 
the South and the great Inland West for more money. 
The advocates, of the policy of largely increasing the 
volume of the greenback currency, were jubilant; but 
that speech decided their fate. 

"The doubting were convinced, and the wavering 
fixed, in their determination to stand by the Resump- 
tion law. Resumption succeeded. The national honor 



172 MEMOIRS OF ORANGE JACOBS 

was preserved. Business rests upon a solid foundation 
and an era of prosperity prevails. To no man is the 
nation more indebted for this auspicious condition of 
affairs than to him whose untimely death we mourn 
to-day. 

"Notwithstanding the earnestness and boldness of 
Mr. Garfield's utterances, everybody was his friend. 
They gave him credit for honesty, and sincerity. So 
sure it is that these qualities always command our 
respect, if they do not excite our admiration. 

"The sterling qualities which I have briefly men- 
tioned, together with his known and accepted position 
on the great public questions of the day, secured Mr. 
Garfield 's nomination to the Presidency at the National 
Convention, which met at Chicago on the 2nd day of 
June, A. D. 1880. His competitor, as all know, was a 
patriotic and illustrious Union General. The contest 
was remarkable for its thoroughness and intensity in 
the doubtful States, but Mr.. Garfield was clearly and 
fairly elected, and on the 4th of March last, was duly 
inaugurated. He entered on the discharge of his duties 
as President under the most auspicious circumstances. 
"We were at peace with all the world. The wounds of 
the war had been healed, and the work of reconcilia- 
tion had fairly been accomplished. Prosperity reigned 
supreme; the good time had come and the people re- 
joiced. Menaced by no external power and free from 
domestic dissensions, he could turn his entire attention 
to the internal machinery of government. He deter- 
mined to distinguish his term of office by its purity of 
administration, and its economy of expenditures. Only 
four months was he at the helm, but his achievements 
in that time will be remembered long, and bless the 
land for years. In that brief time he routed the army 



MEMOIRS OF ORANGE JACOBS 173 

of contracting thieves from their entrenched position 
in the postoffice department, and established a standard 
of official integrity and honor that carried dismay to 
the spoils-hunter and dishonest official. But just as he 
had fully gathered the reins of government in his 
hands, and sent forth the uncompromising demand for 
honesty and integrity from all officials, and while pre- 
paring to enforce that demand, the assassin's bullet 
paralyzed his power and arrested the much-needed 
work of reform. That he made mistakes may be con- 
ceded, for all human judgments are imperfect ; but the 
cold and passionless voice of history, though it may 
find fault or flaw, will more than satisfy those who 
loved him most, and will place his name among the 
highest and purest in the list of human rulers. 

"In contemplation of the solid and brilliant abili- 
ties of a great man, we often lose sight of those quali- 
ties that endear him to friends, and to the loved ones 
around the home circle. Man may possess transcendant 
genius, and be the idol of the populace, and yet be 
selfish, unsocial and cruel at home. Towering ambi- 
tion may, and sometimes does, subordinate the ldve of 
wife, of children, and of parents, to its gratification. 
Such was not the case with Garfield. His home was 
his retreat from the storms and battles of life, where 
love reigned supreme. The telegram dictated by him- 
self to his wife on the 2nd of July last, just after the 
fatal shot, was full of the holy felicities of domestic 
life. Mrs. Garfield was in Elberton, where the President 
finally died. The telegram read : ' The President wishes 
me to say to you for him, that he has been seriously 
hurt, how seriously he cannot say. He is himself in 
hopes you will come to him soon. He sends love to 
you.' 



174 MEMOIRS OF ORANGE JACOBS 

"The voice of ambition was hushed. The counsel 
and association of a statesman was subordinated to the 
presence and society of the loving and faithful wife ; 
and how touching has been her devotion; how grand 
and noble her fortitude in that trying hour! Some 
one has truthfully said that there are but three words 
of beauty in the English language, and they are : 
1 Mother, Home, Heaven.' All know that the love and 
affection of our dead President for his aged mother, 
who by the cruel shot of the assassin, will be the chief 
mourner at the grave of her dear boy. These are the 
qualities, more than the brilliant display on the ros- 
trum, in the forum or before enraptured thousands, 
that give the full measure of a noble manhood. This 
display may co-exist with selfishness and meanness; 
love and affection sanctify the noblest gifts and the 
loftiest aspirations. 

"No account of Mr. Garfield's character would be 
full and complete without a statement of his deep and 
fervent religious convictions. 

"No man with his breadth of knowledge, with his 
complete mastery of the processes of induction and an- 
alysis, and with his metephysical character of mind, 
could ever be a disbeliever in the existence of God and 
the immortality of man. Hence we find him a mem- 
ber of a Christian Church and a regular attendant up- 
on its services. The problem of human origin and hu- 
man destiny early engaged his thoughts, and secured 
his profound consideration. He believed, and endeav- 
ored to regulate his conduct, habits, and life by Divine 
laws. 

"In conclusion let me say, the hero statesman of 
this age, and the loved idol of this nation, has gone 
down to an honored grave. He died in the zenith of 



MEMOIRS OF ORANGE JACOBS 175 

his reputation and glory, after a struggle which has 
held the admiration of the world for his heroism and 
manhood. He lived long enough after the fatal shot to 
feel the sympathy of the nation, and the deep indig- 
nation of the people, at the manner of his taking-off. 
He has gone to the still heights where crime and pain 
come not. A nation mourns his loss, and millions of 
freeman now and hereafter will revere his virtues and 
guard his fame. 

"Though dead in the flesh he lives in the spirit, 
and in the affections and memory of his countrymen. 

"The principles and lessons he taught are his best 
legacy to his country. 

"His memory will never die until time shall be 
no more. The tears of a sorrowing people will water 
the sod that covers the remains of their loved magis- 
trate; and from every blade of grass that grows, and 
from the leaf of every flower that blooms upon his 
grave, an avenging spirit shall arise to demand requital 
for the damnation of his taking-off. Then at the grave 
of the great departed, let us tender anew our vows 
of fidelity to our country and to freedom, and conse- 
crate every wish and aspiration of our hearts to an 
undivided and free Republic, remembering that though 
Presidents may die our country must and shall live 
forever. 'God reigns, and the Government, at Wash- 
ington still lives.' " 

When I had finished speaking the chairman intro- 
duced Rev. George Herbert Watson, whose address was 
very sympathetic and scholarly as well as impressive. 
The chairman next introduced the Honorable William 
H. White, whose address was brief, earnest, patriotic 
and eloquent. 
12 



Political and Not Party 
Convictions 



I have always been of the opinion, and have so de- 
clared in public speeches and newspaper articles, that 
the true policy of the Pacific Coast was the division of 
its area into small States. I will give but a few of 
the many reasons for such opinion, for I do not intend 
to go elaborately into a statement of them. The time 
for effective action has passed. I desire to state only 
enough to show the trend of my views on the subject. 

First, then, as to the lower house of Congress. 
The area of the three states bordering on the Pacific 
Ocean — California, Oregon and "Washington — is fully 
one-half covered by mountains. The sides of these 
mountains are to a certain extent covered with a 
heavy growth of timber and with practically impassable 
canyons ; their ridges sharp, gravelly and sterile, with 
fertile coves and small valleys as yet unoccupied by 
either the hunter or the hardy woodsman. Many cycles 
of years will roll away before these fertile spots will 
be occupied with the romantic homes of these last- 
named classes. 

The Atlantic Coast in the same number of degrees 
of latitude, commencing at the forty-fifth degree on 
the coast of Maine and proceeding south for sixteen de- 
grees, is covered to some extent with mountains; but 
as a general rule they are low as compared with our 
ranges. Much of the land on their slopes is rich and 
accessible, and all of their fertile slopes, coves and 
small valleys have been long since occupied. 

176 



MEMOIRS OF ORANGE JACOBS 177 

I state these facts to show that in addition to nat- 
ural causes the States bordering on the Atlantic in the 
same number of degrees of north latitude, as will more 
fully appear, must continue to have the dominating 
power in the lower house of Congress. The three 
States bordering on the Pacific Ocean extend over six- 
teen degrees of north latitude. Commencing at the 
45th degree in Maine and going south sixteen degrees, 
thirteen States border on the Atlantic. These thirteen 
States have a representation in the lower house of Con- 
gress of 103 members ; while the three States bordering 
on the Pacific have a representation of fourteen mem- 
bers. Thus it is manifest that for many years to come, 
and possibly forever, with a slowly-diminishing power, 
the Atlantic will have the control on all subjects of 
tariff, of finance, of currency and of immigration ; sub- 
jects in which the Pacific Coast is deeply interested, 
and upon soim3 of which there is not only an actual, 
but growing conflict of interests and convictions. Add 
to this the further fact that Washington and Oregon 
extend inland for over four hundred and fity miles, and 
California on an average of two hundred and fifty 
miles, and, applying the same rule of inland extension 
to the Atlantic Coast, Pennsylvania and West Virginia, 
with their thirty Representatives, would be let in and 
added to the 103 ; thus giving to the Atlantic Coast per- 
manent control of all those vital subjects of legislation, 
so far at least, as the lower house of Congress is con- 
cerned. It will thus be seen that a fatal mistake has 
been made in the political division of the Pacific 
Coast. I have confined myself strictly to the Ocean- 
bordering states. The great Inland Empire, lying be- 
tween the Rocky Mountains on the west and the Al- 
leghany Range on the east, is more intimately and 



178 MEMOIRS OF ORANGE JACOBS 

strongly connected by commercial and financial ties 
with the Atlantic than with the Pacific Coast. As a 
partial compensation for this inevitable want of politi- 
cal power in the lower house of Congress, it was the 
true policy, as I have declared, for the Pacific Coast to 
divide its immense territorial area into small States, 
so as to secure in the United States Senate, an ap- 
proach to equality of political power. We have seen 
that within sixteen degrees of north latitude on the At- 
lantic Coast there are thirteen States, bordering on the 
ocean, with twenty-six Senators; while on the Pacific 
Coast in the same number of degrees of latitude there 
are but three States, with only six Senators. California 
should have been divided into three States; Oregon, 
into three States; and Washington into three States. 
This would give only nine States in a far greater terri- 
torial area than that contained in the thirteen States 
bordering on the Atlantic Ocean. Even then, this 
would give us only eighteen Senators ; but it would be 
a nearer approach to equality in political power than 
now. 

The question may be asked : Are there no means 
by which this fatal mistake may now be remedied ? As 
a lawyer, and being somewhat acquainted with the his- 
tory of my country, I am compelled to answer, No. 

On the admission of a State into the Union, there 
is an. implied compact on the part of the Federal Gov- 
ernment to defend such admitted State against all un- 
lawful invasion of its territory. If there be a dispute 
about boundaries, it must be settled in the proper 
Court, and the final decree of that Court will be en- 
forced by all the power of the Federal Government. 

Again, the possession of power is always connected 
with the desire to perpetuate it, and also with a sensi- 



MEMOIKS OF OKANGE JACOBS 179 

tive jealousy of all measures having a tendency to di- 
minish its controlling effectiveness, or to lessen the 
value of the units constituting that power. The ad- 
mission of every State has, to some extent, this effect; 
hence the demands are more exacting, and the admis- 
sion more difficult, now, than heretofore. 

There has been but one instance in our history 
where a State has been divided, and the segregated 
portion been admitted into the Union as a State; and 
that is the case of West Virginia; but that admission 
was based on facts and conditions which every patriot 
hopes may never occur again. Virginia not only 
claimed the right peaceably to secede from the Union 
but to be the sole and exclusive judge not only of the 
existence, but also, of the sufficiency of the causes, to 
warrant such secession. She did all she could to make 
that secession effective. Old Virginia had by her act, 
and by her theory of the nature of the Government un- 
der the Constitution, estopped herself to deny that the 
forty-eight counties west of the Alleghany Range pos- 
sessed the same right of secession — if any such right 
existed — that she possessed herself; she could there- 
fore make no rightful objection. The people of the 
forty-eight counties were loyal to the Federal Govern- 
ment, and flag. They called a Convention, adopted a 
Constitution republican in form which was approved 
hy nearly unanimous vote of its legal electors — 28,321 
for and only 572 against — and under that Constitution, 
with the name of West Virginia they were admitted in- 
to the Union on December 31st, 1862. This was done 
partly as a war measure, and partly to show the disin- 
tegrating effect of the logic of secession. 

The State of Texas requires a brief notice. She 
was admitted into the Union as a State on December 



180 MEMOIRS OF ORANGE JACOBS 

29th, 1845. By the prudential foresight of her states- 
men, in a compact entered into between her and the 
Federal Government, she reserved the right to form 
four additional States out of her large area. She has 
not as yet exercised that right, but no doubt will in due 
time; thus securing ten Senators, while the whole Pa- 
cific Coast, with almost twice her territorial area, has 
fixed its number irrevocably at six. 



The Ram's Horn Incident 



Esau sold his birthright, with all that it implied, 
for a mess of pottage. Infant communities, whether 
territorial or municipal, feeling the pressure of pres- 
ent want, are always tempted by money-sharks to mort- 
gage, sell, or surrender, for a mere song, rights and 
franchises of a constantly increasing income, and re- 
linquish political power necessary for a legitimate as- 
sertion and protection of their rights in years to come. 
A striking exemplification of this short-sightedness 
appears in what is said above as to the formation of 
only three States to cover the whole Pacific Coast. The 
supplicant for this birthright, and all its prospective 
enormous income, finds his most congenial and hospit- 
able host in a municipal legislature. He is usually, 
but not always, accompanied by the fascinating Miss 
Graftis. 

There are two cases in our municipal history that 
I will briefly note as illustrations of this tendency. In 
neither, so far as I know and believe, was there any 
graft. In both I was to some extent officially con- 
nected ; in the Rams-Horn case painfully so ; in the Rail- 
road Avenue case simply as an officer and protestant. 
Many years ago — the dates are not important — the Co- 
lumbia and Puget Sound Railroad Company asked the 
City Council of Seattle for the grant of a right-of-way 
for a railroad track down and over West Street. This 
was the historic Ram's-Horn. I and a few others op- 

181 



182 MEMOIRS OF ORANGE JACOBS 

posed the grant. The City Council hesitated. Its 
members desired the approval of the grant by the peo- 
ple, and especially by the lot-owners along the street, 
before they acted. A meeting was called at the Pavil- 
ion to secure, if possible, such approval. The meeting 
was fairly attended. Mr. James McNaught, a shrewd 
and able man and lawyer, was attorney for the Com- 
pany. He read the proposed ordinance and explained 
its provisions, and then, with a glowing eulogy on the 
advantages of a railroad, closed amid the vociferous 
applause of the audience. I arose to oppose the grant ; 
but as there was a continuous and determined cry of 
"Vote!" "Vote!" "Vote!" "Vote!" I resumed my 
seat. The proposed ordinance was approved by about 
a two-thirds vote of those present, and the City Council 
speedily enacted it into law. The Railroad Company 
built its road from the south end of the town and laid 
its track down to Columbia Street; there it stopped, to 
await the result of certain condemnation proceedings. 
The wearers of the shoe, although voting for its pur- 
chase, soon felt its pinch, and they wanted compensa- 
tion for its pain. The Company threatened to go across 
Columbia Street. It was stopped by a judicial restrain- 
ing order. Having been elected Corporation Counsel, 
I came into the case a short time before the hearing on 
the motion made by the Company for the vacation of 
this order. The former legal adviser of the City, and 
who had commenced the suit, I asked to continue in the 
case and to argue the pending motion. He did so, 
and made a technical and very ingenious argument 
against the validity of the grant. I must confess that 
I believed the ordinance valid, and that the objections 
urged against it were unsound, and I was fully con- 



MEMOIRS OF ORANGE JACOBS 183 

vinced the Court would so hold. In the mean time 
Columbia Street had been graded and macadamized. 
Its surface was fully eighteen inches above the railroad 
track. Being fully informed by a careful personal in- 
spection, and thorough measurement by experts, of the 
exact fact, I proposed to compromise. I first proposed 
to allow the Company to cross Columbia Street, but to 
cross at the existing grade. This would require a re- 
construction of the tracks already finished, and sub- 
ject the Company to many suits for damages in case of 
their change of grade. Secondly, I agreed to withdraw 
the pending suit if this proposal was accepted by the 
Company. This all took place in open Court, and the 
compromise was approved in open Court; the ordin- 
ance, at the request of the Company's attorney, was de- 
clared valid by the Court. The compromise was also 
approved. 

The next morning, to my astonishment, a large 
force of men was put at work by the Company to cut 
through Columbia Street; basing its action on the al- 
leged ground that the compromise was null and void 
because of a mutual mistake of the facts by the parties. 
There was no mutual mistake. I fully knew and under- 
stood all of the facts. 

An incipient riot was in progress; but the inter- 
ference of the police and the issuance of a restraining 
order soon put an end to operations. The newspapers 
emptied their vials of wrath on me as the principal 
sinner. 

An appeal was taken by the Company to the Su- 
preme Court, and that learned and unimpassioned tri- 
bunal affirmed every position taken by me in the case ; 
it held the ordinance to be valid and the compromise 



184 MEMOIRS OF ORANGE JACOBS 

binding. Thus, ended the somewhat celebrated Ram's- 
Horn case, and with it that railroad across Columbia 
Street. 

On the publication of the decision of the Supreme 
Court, it was amusing to see my calumniators retreat to 
cover; still damning, however, with faint praise. 



Railroad Avenue 



There is one more topic of intensified local inter- 
est that I will briefly notice. I am now and always have 
been opposed, not to Eailroad Avenue, which extends 
along the water-front of the city, but to the network of 
tracks permitted and authorized to be placed thereon. 
At the foot of Columbia Street, crossing Railroad Ave- 
nue to the west line thereof, you cross nine railroad 
tracks, or eighteen lines of slightly elevated railroad 
iron. Such are the existing and authorized conditions. I 
have always been opposed to those conditions ; first, be- 
cause they are unusual, unnecessary and dangerous; 
unusual, because no city can be named permitting such 
a nuisance ; unnecessary, because one track, or, to be 
liberal, two tracks, with spurs to the warehouses on the 
west and the wholesale or commission houses on the 
east, where the conditions permit it, would be ample, 
under the control of an intelligent company or man- 
agement, for all the purposes of trade and commerce; 
dangerous, as experience has shown : the killed and in- 
jured on this interlocked system, intensified by su- 
pervening and dense fogs, speak only by groans and 
death-knells. I have opposed this network of tracks 
because instead of being an aid to travel and commerce, 
it is an actual obstruction of them. The idea of doing 
the commercial business of a million people, or one- 
half a million, with the accompanying passenger traf- 
fic, across nine railroad tracks, carries with it a strong 
implication of the absurd. In actual operation this 

185 



186 MEMOIRS OF ORANGE JACOBS 

implication becomes an irritating reality. The City 
Council has recognized the fact and prohibited the 
closing by any railroad company of the mouth of any 
street for over five minutes; but this is only a partial 
aleviation, and not the removal of the obstruction or 
danger. Railroad No. 1 closes it for four-and-a-half 
minutes; Railroad No. 2 closes it for four-and-a-half 
minutes; No. 3, for the same length of time. The clos- 
ing is really continuous. Thus legally you can stand 
in the street, endure the slush and rain for at least 
twelve minutes to study the beauties of nature and 
of an enveloping fog, and enjoy the beneficence of 
the clouds in dropping their garnered fatness down. 

The irritation arising from these causes will inten- 
sify with the increase of population and the swelling of 
the volume of coastwise and ocean commerce. Let the 
population of West Seattle reach twenty thousand or 
more; let "the mosquito fleet" be doubled and ocean 
and coastwise steamers be multiplied, with the conse- 
quent enormous increase of the volume of business — 
and the demand for the modification, or entire aboli- 
tion, of this irritating nuisance will become imperative. 
Some of the railroads have wisely noted the indications 
of the coming storm and have tunnelled under the city, 
deeming it cheaper to pay interest on permanent tun- 
nel investments, than to pay damages for slaughter and 
injury on the avenue. Railroad Avenue is now used, to 
a great extent, as a train make-up yard, as a switching- 
ground and as a depot for loaded and empty cars. This 
will be continued with a constantly increasing exasper- 
ation, until the City is compelled to re-purchase at an 
enormous expense, that which was granted as a free 
gift. 



The Great Seattle Fire 



June 6th, 1889, will ever be a memorable day in the 
history of Seattle — that being the day of the Great Fire 
which, like a besom of destruction swept out of exist- 
ence a goodly portion of the embryo city. Brilliant 
prospects, and glowing anticipations, evanished like 
the rainbow amid the storm of fire. Nearly all the busi- 
ness houses were reduced to ashes; or, if any portion 
of their roughly serrated and toppling walls remained, 
they were a silent and menancing memento of the fierce 
power of the fire-fiend. The fire originated in a paint 
shop, on the water front near Madison Street, in the 
careless upsetting of a flaming pot of varnish. There 
was a stiff breeze from the northwest, constantly ac- 
celerated by the ever-increasing heat. The fire, easily 
overcoming the heroic efforts of the Volunteer Fire De- 
partment, swept south and southeasterly, crossing Sec- 
ond Avenue at the rear end of the Boston Block, burn- 
ing a large frame building immediately south of, and 
abutting upon that block ; thence, in the same direction 
southeast nearly on a straight line, thus taking in the 
Catholic Church; thence onward to the Bay, making a 
space swept by the fire a large triangle, with an area of 
from thirty to forty acres. 

The Boston Block was saved through strenuous 
efforts of its tenants; long scantling were carried by 
them into the hall on the second story. Having raised 
the windows at the end of the hall, the south end of 
the frame building burning first, we succeeded by our 

187 



188 MEMOIRS OF ORANGE JACOBS 

united strength in forcing the unburned portion over 
into the consuming caldron of fire to the south. Thus 
the Boston Block, though somewhat scorched, was 
saved. 

Jacobs & Jenner had their law offices near the 
north entrance, and during the progress of the fire 
many persons whose residences or places of business 
were along its actual or threatened track, presuming 
on our generosity and permission, brought armloads 
of portable valuables, snatched by them from the very 
teeth of the fire, and in an excited manner, placed them 
against one of the walls in the offices. So doing, they 
rushed out in the hope of reaching their residences or 
places of business again; but the surrounding wall of 
fire, with its intense heat, forbade. Some of them soon 
returned and dropped into seats, and their counten- 
ances were the pictures of sadness, sorrow and despair. 
I said to one, a noble specimen of physical manhood and 
latent energy: "Sir, your actions are unmanly; hope, 
even in your case, has not bidden the world farewell; 
cheer up, sir — just before dawn the darkness is the 
deepest. ' ' Within a year from that time my admonish- 
ed friend was worth far more than he was before the 
fire ; and he often reminded me of my rebuke, as he 
called it. 

Being satisfied that the offices, papers, library and 
furniture were safe, I locked the doors and went up 
to my residence on Fourth Avenue, where I had a 
commanding view of the progress of the fire. 

The view was grand but terrible — sublime but 
cruel. I never before was so impressed with the idea 
of annihilation, as I was in viewing that rolling, rushing, 
leaping and devouring volume or field of fire. In oth- 



MEMOIES OF OEANGE JACOBS 189 

er days I had witnessed miles of fire, impelled by a 
fierce wind rushing over a prairie covered with tall and 
dry grass; but it only stirred within me the emotions 
of beauty, grandeur, and sublimity; there was nothing 
in it of terror or desolation, nothing of the wrecking 
of brilliant prospects, nothing of blighted hopes, nor 
of gloomy disappointment intensifying into despair. 
Ever and anon, as the rushing waves of the Seattle fire 
would roll over and envelope a drug or other store 
where powder or other explosives were kept, a volume 
of flame would shoot upward, with a deafening roar, to- 
wards the clouds, as though claiming the storm-king as 
its kinsman. 

To the owners of lots in the burned district the 
fire was a blessing in disguise. To them there was a 
smiling face behind a seemingly frowning Providence. 
Even if they were the owners of the frail wooden struc- 
ture that had encumbered their lots, the structures add- 
ed nothing to the value; and the rapid and unprece- 
dented increase in the value of their holdings amply 
compensated for any losses by the fire. The real loos- 
ers were the renters of shops, stores or saloons, where 
goods, tools, materials and machinery were destroyed 
by the intense heat, or went up wholly in flames. 

But a few families lived in the zone of the fire. As 
to them, many kind hands soon removed their house- 
hold goods beyond the danger-line. 

The district swept by the fire was the local habi- 
tation of the fallen angels, hoboes, and gamblers, and of 
that large class whose particular mode of subsistence 
is, and always has been, an unsolved mystery. The 
fallen angels and the upper class of gamblers could 
take care of themselves. The hoboes and the class of 



190 MEMOIRS OF ORANGE JACOBS 

mysterious subsistence-men were afloat and hungry. 
Besides these, there were a large number of worthy 
and needy persons whom it is always a pleasure for 
the good to help ; hence, a free-lunch house was opened 
in the Armory. There is always in a free-lunch a fas- 
cination that tends to increase the number of applicants 
therefor. This general law had no exception here. This 
led to a stringent examination of the right of all who 
appeared to partake of the generous bounty offered to 
the worthy and needy. This careful and necessary 
scrutiny soon led to a stoppage of the free-lunch busi- 
ness. The worthy in many cases needlessly took of- 
fense, and the baser order of fellows were loud in 
their denunciation of the alleged selfishness of the 
generous purveyors. The people of Tacoma promptly 
and nobly rushed to the assistance of Seattle, with pro- 
visions and personal services. The leading men of 
that city poured out their means lavishly and served 
as waiters at the tents erected for the feeding of the 
multitude. 

Business soon revived with an enthusiastic re- 
bound. The town was scorched, not killed. It had 
passed through an ordeal of fire and was found to be 
not wanting in true metal. Work was furnished for all 
desiring it. The hoboes departed, and with them most 
of the mysterious-subsistence men. The burned dis- 
trict has been rebuilt with stately blocks of brick, or 
stone, or steel and cement, and its streets and side- 
walks have been paved with brick, stone or asphalt. 
Not a smell of fire nor sight of wooden structure re- 
mains in this once ash-covered and desolate district. 



Game, Animals and Hunting 

With something of a reputation of a hunter, I 
have often been requested by Eastern, as well as local 
sportsmen, to give an enumeration and description of 
the game and wild animals in this State and in Oregon. 
I shall confine myself exclusively to this State. I have 
heretofore written a description and given an enumera- 
tion of the game and other wild animals in both States, 
but I have neither the manuscript, nor the newspaper 
which printed it. In again attempting an enumeration 
and description, I shall add some of my personal ex- 
periences, as well as those of others. 

There were no quail native to Washington or to 
Oregon, except the southern portion thereof — save the 
mountain quail, a lonely solitary bird, of about twice 
the size of the bob-white. Its habitat is the dense copse 
or thicket. I have never seen them in flocks or groups, 
save when the mother was raising her large family of 
young birds. When no longer needing the mother's 
care, they pair off, and the young birds, or family sepa- 
rate. 

They are very alert; they are great runners, but 
do not, unless hotly pursued, often take to wing. 
When they do, they are swift flyers and dart through 
the narrow openings in the tangled thicket with re- 
markable celerity. The male bird is proud and rather 
aristocratic in his bearing, and flourishes on his head 
a beautiful top-knot. I have bagged quite a number of 
them, but have nearly always shot them on the run and 
13 191 



192 MEMOIRS OF ORANGE JACOBS 

not on the wing. They are not numerous. Their flesh 
is delicate. 

The California quail was brought into Washing- 
ton at least fifty years or more ago. Three of us — 
James Montgomery, Judge Wingard and myself — in 
the fall of 1872 brought from Pennsylvania sixteen 
pairs of bob-whites, which were turned loose on Whidby 
Island. This was, so far as I know, the first and last 
importation of the bob-white to Washington. When 
turned loose on Whidby Island, they gave every indi- 
cation of pleasure in being upon Mother Earth again. 
They ran about, jumped up in to the air, scratched the 
earth and wallowed in the dirt, and had to all appear- 
ances a play-spell, full of joy. They mixed readily 
with their California congeres; they have spread over 
Western Washington, and are quite numerous. 

The pheasant, or ruffed grouse, are natives of 
Washington. They were very abundant in early days, 
but are fast disappearing. Being a bird easily bagged, 
and the flesh being of delicate flavor, they are fast 
vanishing before the advance of the settlements. The 
game laws may arrest their slaughter and prevent their 
complete annihilation; but I doubt it. The crab-apple, 
on which they principally feed, abounded in all the 
valleys and in the moist and rich uplands. The 
ground where the crab-apple tree flourished has been 
cleared and a portion of their food-supply has been 
cut off. The repeating shotgun is also helping to re- 
duce their number; and unless the game-laws are rig- 
orously enforced, these causes will soon sound their 
doom. Right here I am tempted to state that the crab- 
apple of this country is entirely different in form and 
size from the same fruit in the East. Here, it is not 



MEMOIRS OF ORANGE JACOBS 193 

round but elongated, and is about as large as a good- 
sized bean. 

The woodcock is not an inhabitant of this State. 
The rail is rarely seen ; but the jacksnipe is very plen- 
tiful in the late fall and up to mid-winter, when the 
great majority of them depart for warmer marshes. 
They do not breed here. This bird, in its quick and 
upward bound and its swift zigzag nights, is a recog- 
nized test of the sportsman's skill. Snipes are often 
bagged here, but not in the romantic way. Snipe on 
hot toast is a breakfast dish fit for a king. 

I had a sporting friend — a doctor — with whom I 
often went snipe-shooting. This doctor was the best 
snipe-shot I have ever known. His bag was always 
packed, while mine was comparatively lean. On one 
of these occasions our trip was to a tide-marsh and 
island south of Seattle. Early in the hunt we crossed 
a slough when the tide was out and found the birds 
very numerous on the new hunting-ground. The doc- 
tor brought them down right and left, while I was 
slowly increasing the fatness of my pouch. The doc- 
tor's success and consequent enthusiasm made him 
oblivious of the flight of time and of the movement 
of the tide. He had patients to visit, and when the 
sun was disappearing behind the western clouds and 
hills, he suddenly remembered his obligations to them. 
When on our return we came to the slough, we found 
it full and overflowing; the water was fully eight feet 
in depth and twenty feet or more in width. There was 
a good deal of floating debris in the slough, and the 
doctor, being a very agile man, leaped from log to log 
and safely made the passage to the other shore. He 
said to me, ' ' Come on, Judge ; you can easily make it. ' ' 
I told him that I had never prided myself on my agil- 



194 MEMOIKS OF ORANGE JACOBS 

ity. ' ' Well, ' ' he said, ' ' I will make a bridge for you ; ' ' 
and with the use of a pole he gathered the floating logs 
together, so that in appearance they looked like a safe 
bridge. But I said to him, "Doctor, I have all the con- 
fidence in the world in you as a physician; but you 
will excuse me, — I have no confidence whatever in you 
as a bridge-builder. ' ' He said with a little impatience, 
"O, quit your nonsense and come over; I will show 
you that the bridge is perfectly safe;" so saying, he 
leaped upon it and disappeared in the water. He soon 
re-appeared, however; and as he crawled up the slimy 
bank, the water spouting out of him in every direction, 
I said: "Doctor, you look very undignified." He an- 
swered, "You go to ," politely called Hades. I 

went down the slough, thinking he might be slightly 
out of temper, and found a safe crossing. I rowed him 
home — issuing an occasional mandate that he should 
take a certain medicine, of which I carried in my 
breast-pocket, a bottle for such occasions. The good doc- 
tor has gone to his long home. He sleeps in the bosom 
of his fathers and his God. 

Of the duck family the following species are 
abundant here: the teal, the mallard, widgeon, pintail, 
canvasback, spoonbill, sawbill and woodduck. The 
three last-named species breed in this country, but mi- 
grate early in the fall. Formerly the mallard and teal 
bred here in large numbers on the tide flats and on the 
marshes along the creeks and rivers; but the advance- 
ment of the settler and the trapper, and the hunter with 
his repeating rifle, has driven them from their accus- 
tomed love-haunts, to the more secluded fens and 
marshes of the farther north. Birds as well as humans 
are sensitive to disturbance in their love-affairs. The 
canvasback is a late and temporary visitant of our 



MEMOIES OF OEANGE JACOBS 195 

lakes, marshes, and tide flats, on his journey to the 
south. He remains for a time on that journey, and for 
a far shorter time on his return north. The impulse 
of love impels him to the secluded fens and marshes of 
the northland. The other species visit us in early win- 
ter, and are mostly gone by mid-winter. Their stay is 
very brief on their return in the spring. 

In 1869, and prior to that date, brants and wild 
geese — or honkers — were very plentiful in the Puget 
Sound basin. The tide flats were their favorite feed- 
ing-ground. They have been compelled by the advance 
of the settlements to abandon them, and in lieu thereof, 
they have chosen the wheat-fields in Eastern Washing- 
ton. There has been no seeming diminution in num- 
ber of either brant or geese — simply a change in their 
feeding grounds. 

The lonely cry of the loon, presaging storm or 
tempest, is heard from the forest-environed lakes and 
waters of the Sound. 

The swan occasionally drops into our secluded 
lakes, and there alone, or with his mate, remains, if the 
environments suit him and food is plenty. 

The pigeon is not numerous in Western nor, as I 
am informed, in Eastern Washington. He is slightly 
larger and wilder than his congere of the States. He 
is also of a deeper blue than his Eastern kinsman. He 
is only semi-gregarious. I have never seen him in large 
flocks or in great numbers together. He is not hunted 
much and is not valued as a choice game-bird. 

The prairie-hen, or chicken, is not a native of and 
does not exist in Western Washington. This excellent 
game-bird is very numerous, or was in years agone, 
along the rivers and creeks in the valleys and on the 
rolling uplands of the great Columbia River basin. 



196 MEMOIRS OF ORANGE JACOBS 

The incoming of the white man, with his trained dogs 
and with his breech-loading and repeating shotgun, has 
greatly diminished its numbers. Its unacquaintance 
with the white man and his terrible instruments of de- 
struction made the bird an easy prey to the hunter. It 
was familiar to the Indian, and presumably gauging 
fairly his destructive power, constantly increased in 
number. The felon coyote was a far more dangerous 
enemy, being a robber of its nest and devourer of its 
young. The bird is slightly smaller and of lighter color 
than his Eastern congere. These birds are much prized 
by the epicure for the rich delicacy of their flesh. 

Corresponding in number but larger in size is the 
blue grouse, of the fir and cedar forests of Western 
Washington. I hardly know how to describe this bird 
— one of the finest of game-birds. His habitat in the 
winter or rainy season is the dark, gloomy, and thick 
forests of fir and cedar trees. There he dwells, possibly 
with his chosen mate, silently and noiselessly, and in a 
state of semi-hibernation, until the genial warmth of 
spring arouses his love, and he and his mate descend 
to the sunny lowlands or ridges for the rearing of their 
numerous family. After they have found a suitable 
or familiar location, the male selects some fir or cedar 
tree, or clump of fir or cedar trees, in the vicinage, 
and during the nesting season keeps up a continual 
love-call to notify his presence, or by his silence or 
flight to warn her of threatened danger. When the 
bevy of beauties are fully hatched, the male descends 
from his eminence and spends his time in assisting care 
and watchfulness. Perched on some tall tree in their 
immediate vicinity, he by calls warns his mate of ap- 
proaching danger, and by the direction of his flight 
indicates a place of safety. His mate and the young- 



MEMOIES OF OBANGE JACOBS 197 

sters soon follow, if able to fly; if not, they remain 
under the care of the mother, deftly hidden under the 
leaves or grass; after which, she often flies away by 
short flights with simulated disabled indications, to in- 
vite pursuit, and thus save her young. When the 
young are fully grown and strong of wing they all de- 
part for the deep woods, and no more is seen or heard 
of them until the coming spring. Until the young are 
fully grown and the time of their departure has ar- 
rived, they are often found in large bevies or flocks; 
but when that time, late in the fall ,has arrived, they 
silently depart for their winter home. 

Killed in early spring, their flesh is so strongly 
tinctured with the flavor of the buds of the fir and 
cedar, their winter food, as to be unpalatable to most 
persons ; but if killed in the fall, after a summer 's diet 
of insects, seeds, grain and berries, their flesh is of a 
delicious flavor and greatly relished. This excellent 
game-bird, though decreasing in number from the gen- 
eral causes already stated, will, on account of its mode 
of existence, long escape the doom of annihilation. 

The sand-hill crane rarely visits Western Wash- 
ington. He is more frequently seen in the Eastern half 
of the State. 

There remains but one other game-bird for notice, 
and that is the sage-hen of the sage-covered valleys and 
plains of Eastern Washington. This bird does not ex- 
ist west of the Cascade Mountains. It is anti-gregar- 
ious, save as in the consorting cares of a numerous 
family. When the young arrive at full growth they 
pair off and separate, and the family relations are no 
longer recognized. If the males are less numerous than 
the females, polygamy is allowed. This is a law, how- 
ever, that runs through many of the bird families. 



198 MEMOIRS OF ORANGE JACOBS 

The cock is a bird midway in size between the common 
domestic fowl and the turkey, and has long legs. He 
is a good runner. He rarely takes to the wing, and then 
only when hard pressed. His flight is low but swift, 
and he soon drops to the ground and speeds away on 
his legs to a place of safety. His food in winter con- 
sists of leaves and buds of the sagebrush; and when 
killed in the early spring his meat is too strongly im- 
pregnated with the rather acrid and unpalatable flavor 
of the sage, to be relished; but if bagged in the fall, 
after a summer's feeding on insects, seeds and grain, 
his flesh is savory and delicious. 

I ought possibly, to make a brief statement, as to 
the Mongolian pheasant, and the Chinese rice quail — 
both of which, in limited numbers have been brought to 
Western Washington and turned loose here. Their in- 
crease has not been as great as anticipated. In Oregon 
however, the increase of the Mongolian pheasant has 
been phenominal. It abounds every where in the great 
Willamette Valley. It seems to love an alternation of 
grain fields and contiguous chaparral cover. It is em- 
phatically a seed feeder or graniverous bird. The fe- 
male, with the nursing assistance of the male, usually 
raises two large broods per year. This accounts for its 
great and rapid increase under favorable conditions. 
In size this bird is slightly larger than the prairie 
chicken — has long legs — is a rapid runner — and when 
it takes to wing is a low and rapid flyer. 

In Western Washington the limited number of 
grain fields and the absence of contiguous open ground 
— seems to be unfavorable to their rapid increase. Still 
in the cultivated valleys where these conditions exist, 
they are fact increasing in numbers despite the fact that 
they are an easy prey to the pot hunter. 



MEMOIRS OF ORANGE JACOBS 199 

Of the China rice quail, I know accurately, but lit- 
tle. There were for a time a few flocks of these birds 
in the vicinity of Seattle ; but they have almost entirely 
disappeared. Whether such disappearance is attribut- 
able to the lack of food or to the persistent activity of 
the trap hunter I am not able to say. They preserve 
their family or flock relations until late in the spring, 
and hence the bevy may be swept out of existence by 
one successful fall of the trap. From my observation 
and limited study of their habits, I would say that they 
were chaparral, or tulie birds, with their choice habitat 
near human habitations. In size they are slightly 
smaller than the bob-white and their flesh is delicious. 

Washington is emphatically a game country. The 
hunter may here realize his fondest hopes. The elk, 
mountain sheep or goat, deer, bear — black, brown and 
cinnamon — cougar, lynx, wild-cat, in their native and 
congenial habitat — I would not forget the wolf — can 
always be found. I propose to notice each class briefly 
in its order. 

First, then of the Elk. The mountains, with their 
barren ridges, their wooded slopes and sunlit coves 
of peavine, clover and nutritious grasses, as well as the 
dark forests of the foothills, are their congenial habi- 
tat. Rarely are they found in the lowlands, and then 
only when they are forced from their mountain-home 
by the deepening snow. They have been styled the 
antlered monarchs of the forests, and this description 
is not inapt. If suddenly, within short range you star- 
tle from their secluded sylvan couch a band of forty, 
fifty or more of these antlered monarchs, with horns 
erect and every eye turned upon you as an enemy, you 
are deeply impressed with the majesty of their bearing. 



200 MEMOIRS OF ORANGE JACOBS 

Soon, in obedience to the danger-call of certain warn- 
ing whistles, they speedily form into line nnder some 
veteran and well-recognized-leader, and speed away in 
single-file for miles, over a country impassable to the 
hunter, before a halt is called. The hunter who does 
not improve his chance effectively when the game is 
started from its couch has lost his opportunity, perhaps 
forever. 

This noble game seems to love the Coast Range of 
mountains, and there exists in large herds and numbers. 
This is especially true of the Olympic Range. If this 
kingly game-animal is to be saved from utter annihila- 
tion, stringent laws must not only be enacted for his 
protection and preservation, but must also be vigor- 
ously enforced. 

Heretofore, they have been slaughtered in large 
numbers for their hides, their horns and their teeth; 
while their carcasses have been left where the life- 
struggle ended, to be devoured by the wolf, cougar, 
lynx or wild-cat. 

While the mountains bordering on the Ocean seem 
to be preferred by this antlered monarch, yet he may 
be found in considerable numbers on the Cascade 
Range, especially on its timber-slope and in the dense 
forests on its foothills. 

I have killed quite a number of these noble ani- 
mals, but never, under any circumstances, where I 
could not make uses of the carcass. I never had, or 
experienced any joy arising from the mere love of 
slaughter. With gun in hand, with hunter's blood in 
your veins, and noble game within easy range, it re- 
quires a high degree of moral courage to refuse to 
manipulate the trigger of your trusty rifle. With car- 



MEMOIRS OF ORANGE JACOBS 201 

niverous, or dangerous animals it is different ; slaughter 
becomes a virtue and not a vice. 

The habitat of the mountain sheep, or goat is on 
and around the barren peaks and ranges of the higher 
formation of mountains. He is a wary animal, hard to 
approach and difficult of shot. He is always so located 
that a single bound puts him out of sight. If per- 
chance, you could make an effective shot as he leaps 
from narrow bench, to narrow bench, down the rocky 
and steep side of the mountain, of what use would he 
be to you? 

I have succeeded in killing but one. I have hunt- 
ed the mountain districts where they are plentiful, and 
I had determined to kill one if possible. I hunted 
slowly, cautiously and stealthily. I frequently caught 
sight of them leaping down the mountain side. At last 
I aroused one from his couch and shot him on his first 
jump. He rolled down the mountain-side a short dis- 
tance, but with some difficulty I dragged him to the 
top of the ridge. His meat was sweet, juicy and delic- 
ious, greatly relished by all the party. I had, had glory 
enough, and never specially hunted them again. 

The black, brown and cinnamon bear are natives 
of Washington, and their numbers are in the order 
given. A bear is a semi-carniverous animal; he lives 
on fish, berries, succulent and saccharine roots, larva, 
honey, and is especially found of pork. He appeases 
his appetite for fish by a nocturnal visitation of the 
rivers in which the salmon run, especially in the sal- 
mon season; he roams through the woods in the berry 
season and feeds on the toothsome food present in the 
forest. He unearths the yellow-jacket's scanty store- 
house of honey, and consumes it and the larvae of the 
nest; he invades the farmer's domain and carries off 



202 MEMOIRS OF ORANGE JACOBS 

some of his most promising porkers. The habitat of 
the brown, and cinnamon bear is the mountains and 
their foothills. They are not often seen unless you 
invade their solitary domain. I am not prepared to say 
what is their principal food, but suppose it to be the 
same as their kinsman the black bear. 

The cougar is a native of this State and can be 
found where dense thickets and dark forests exist. He 
is a sly, skulking and treacherous animal, mostly noc- 
turnal in his destructive visitations. I have often gone 
on a brief hunting-trip into the foothills of the moun- 
tains when they were slightly covered with snow, and a 
dense fog would settle down, obscuring all landmarks ; 
but, in obedience to a safe rule, have retraced my steps 
to the foot of the hills on my return home. On several 
of these occasions I have found that a cougar had 
come upon my trail shortly after I had entered the 
hills, and had stealthily and continuously followed me 
up to within seven, or eight rods of the point of my 
return. When I commenced my return, he, no doubt, 
leaped off into the covering brush, and, although 
sharply looked for by me, the dense fog and the thick 
brush hid him from my view. 

The cougar is strictly a carniverous animal. His 
principal food is the deer ; and it is said that he requires 
two a month for his subsistence. That he is a good 
feeder is evident from the fact that he is always sleek 
and in excellent condition. He has a great love for 
the meat of the colt, and is consequently a terror to 
breeders in that line. He is not a hater of veal or pork, 
but does not prefer the latter. 

He is generally considered a dangerous animal, 
and numerous are the stories told of fortunate es- 
capes from his ferocity. Many of these stories have 



MEMOIRS OF OBANGE JACOBS 203 

no foundation other than the surrounding darkness, 
the rustling of the leaves, or the twigs by the wind, and 
a lively imagination. While some of these narrations 
have an element of truth in them, they are generally 
greatly exaggerated. But let me be understood that 
when he is pressed by hunger and famished for want 
of food, I do consider the cougar a dangerous animal. 
Few, however, are the reliable accounts of his attacks 
on the lonely traveler in the woods, even under such 
conditions. Two instances have occurred since my resi- 
dence in the Puget Sound Basin, which, from my ac- 
quaintance with the parties, I am willing to vouch for. 
A friend temporarily stopping at Mukilteo desired to 
go to Snohomish City, a distance on an air-line of 
about six miles ; there were two routes — one, by steam- 
er or canoe, of full twice that distance; the other by 
trail almost directly through a dense forest. Being 
an expert woodsman, he chose the latter route. He 
was unarmed, and had not even a pocket knife. He 
spoke of his defenseless condition on the eve of his 
departure, but he feared no danger. He had proceed- 
ed about a mile-and-a-half on his journey when, in a 
dense fir and cedar forest, he met a cougar in the trail. 
The animal commenced stealthily to crawl towards him 
after the manner of the cat approaching his prey, pur- 
ring as he came. My friend made a loud outcry, but 
this did not interrupt the cougar's slow and stealthy 
approach. It would have been more than useless to 
run — so he braced himself for the final spring. When 
the animal came near he stood sideways to the brute; 
and when the cougar made a spring, he presented his 
left arm and the cougar seized it midway between the 
wrist and the elbow, and pushed him hard to throw 
him off his feet, but failed. Being a strong and mus- 



204 MEMOIRS OF ORANGE JACOBS 

cular man, and his right arm being free, he struck the 
cougar on the nose, a hard blow with his clenched 
fist. The cougar, however, kept his hold. Summoning 
up all his energy, he struck the second blow on the nose 
of his enemy, and while it drew blood the cougar still 
held on. Satisfied of the insufficiency of such a mode 
of defense, and casting his eyes about him, he saw a 
portion of a cedar limb standing upright in the brush 
several feet from him — the limb being about two inches 
in diameter and three feet in length — and he suffered 
the cougar to push him in the direction of the limb. 
Having obtained it, he struck the cougar a powerful 
blow across his face, and, although the cougar winced 
some, the effect was for the animal to sink his teeth 
deeper into the imprisoned arm. My friend concen- 
trated all of his energy and struck a second blow with 
his club. This blow was temporarily stunning and 
effective. The cougar released his hold on the bleeding 
arm and, dazed somewhat, disappeared in the surround- 
ing forest. My friend retraced his steps to Mukilteo, 
now a suburb of the busy and prosperous City of 
Everett. 

One more instance: A gentleman of the name of 
Cartwright was in former years an extensive logger 
on the Snohomish River in the Puget Sound basin. At 
the time of the occurrence I am about to relate, he had 
a large logging camp about three miles above Sno- 
homish City. There had been a deep fall of snow, and 
he left his home and went to the logging-camp to see 
how the operation was affected by the unusual snow. 
On his return late in the afternoon, he met a large 
cougar in the snow-beaten trail. The cougar slowly 
approached him in the manner described in the first in- 
stance. Mr. Cartwright was wholly unarmed ; he tried 



MEMOIRS OF ORANGE JACOBS 205 

to alarm the cougar by a wild outcry, but to no pur- 
pose, so far as the cougar was concerned. Some sixty 
rods away there was a bachelor's cabin. The bachelor 
had three fierce dogs and they promptly answered Mr. 
Cartwright 's signal of danger ; and their master, being 
at home, urged them to the rescue. When their wel- 
come bay approached, the cougar ceased his purring, 
stood up, and soon leaped off into the dark forest and 
disappeared, very much to Mr. Cartwright 's relief. He 
presently reached the river, unmoored his boat, and 
with the aid of a strong current soon reached his home. 



An Experience of My Own 

In the summer of 1855, I accompanied a hunting 
and fishing party, high up into the Cascade Mountains. 
Our route was along the Santiam River, and we made 
our final camp, at the west end of a narrow prairie, 
that stretched along for over a mile at the foot of the 
mountain ridge, on the south side of the river — a short 
distance beyond, was the highest table land, or divid- 
ing plateau of the mountains. The fishing was excel- 
lent — the hunting — it being the month of August, was 
indifferent; because the black-tailed buck at that sea- 
son was lying in some sunny spot on the mountain side 
near water and grass — hardening his horns. 

My companions in wandering or climbing along the 
brush covered sides of the mountains, had several 
times started a large buck who passed down the sides 
of the mountains by, to him, a well known but secret 
trail, and crossed the head of the narrow prairie, and 
then dashed through the thick brush by an accustomed 
trail to the river below. The space between this 
prairie and the river, was a succession of descending 
benches. These benches had" before this time been 
covered with a very thick growth of fir. When this 
fir had reached the height of eight or ten feet, a fire 
ran through, and killed nearly all of it, and another 
growth of fir had sprung up, making the descent to 
the river an almost impassable tangled mass. As we 
were out of venison, it was proposed that I take two 

206 



MEMOIRS OF OEANGE JACOBS 207 

rifles and go to the head of this narrow prairie, while 
my companions should go up on the mountain side, and 
by the making of a great deal of noise, start this buck 
from his sylvan retreat, and when he came down the 
mountain and crossed the upper end of the prairie, I 
should improve the opportunity to kill him. The plan 
worked admirably. He came through the thick brush 
on the mountain side, and dashed across the prairie. 
When he was nearly opposite to me, I fired at him 
with my own rifle, but struck him a little too far back. 
Before I could get the second rifle in my hands, he was 
in the brush and out of sight. I reloaded my own 
rifle, and went to the spot where he was when I fired, 
and I found that he was shot through the lungs, be- 
cause the blood came out in sprays; and as it came 
out on both sides the bullet had evidently, passed 
through him. I followed him up slowly, by crawling 
through the brush — sometimes on my hands and knees, 
and at other times, after the manner of a serpent. He 
stopped frequently. When he did, he left a small pool 
of blood. My judgment was that the bullet struck 
him while he was stretched out, and that the skin closed 
at time over the mounth of the wound; and that he 
was bleeding internally — I concluded that as soon as 
he attempted to go down a steep incline, the blood 
would rush forward and smother him. 

I approached a gully or deep ravine, which he 
must cross, and I carefully kept a big ash tree, that 
stood on the rim of the gully, between me and the 
gully. When I arrived at the tree I stealthily looked 
down into the gully and saw the buck in a small open 
space, and also a large cougar, standing along his 
back intently looking at him in the face. I muffled 
14 



208 MEMOIRS OF OEANGE JACOBS 

the cock of my rifle, and soon sent a bullet through 
the cougar's head. He fell beside the dead buck. Dis- 
regarding the safe rule of the hunter, without loading 
my rifle, I slipped down the steep incline and with the 
breech of my rifle I straightened out his tail, and was 
just in the act of pacing to ascertain his length from 
the tip of his tail to the end of the nose, for that is 
the hunter's rule for determining the size. Just as I 
was in the act of doing this, a small quantity of fine 
white bark fell on me and all around me, I looked 
up and on a large limb of the ash tree, nearly directly 
over my head, I saw a female cougar. Her hair was 
raised up, her back bowed, and her tail rolling. She 
was crouched for a spring. I kept my eyes upon her, 
raised my powder-horn to my mouth and pulled out the 
stopper with my teeth — then felt for the muzzle of the 
gun and poured until I thought I had powder enough, 
and soon after found that I did have plenty. I then 
took a bullet out of my pouch and rammed it down 
without a patch — dropped the ramrod to the ground 
and put a cap on the nipple. Then I gently raised the 
gun towards her, and she showing a good deal of ag- 
itation, drew herself up into a menacing attitude as 
prepared to spring — but I quickly fired and she came 
from the limb seemingly leaping as though she had 
not been struck at all. I jumped back a few feet, but 
her nose brushed me as she was descending to the 
ground. She fell dead at my feet. I had my hunting- 
knife in my hand ready to plunge it into her if she 
moved — but the bullet had done its work effectually. 

I have always been of the opinion that I shot her 
just as she was in the act of making a leap upon me. 
I loaded my rifle and then crawled to the top of the 



MEMOIES OF OEANGE JACOBS 209 

gully, and my companions soon joined me. I rehearsed 
my adventure to them, and after so doing, one of them 
went for a pack-mule, while the others sought out a 
passable route through the brush to the prairie. The 
mule protested against his load, but blind-folding al- 
layed his fears. 



A Battle Rarely Seen 

Late in the fall of 1867, I accompanied the Hon. 
P. P. Prim, who was District Judge for Jackson and 
Josephine Counties, Oregon, from Jacksonville to Ker- 
byville — the county seat of Josephine County — to at- 
tend a term of court to be held at Kerbyville in the last 
named county. The Honorable James D. Fay, and 
also other lawyers accompanied the Judge to Josephine 
court. There had been high water and sweeping 
floods which had rendered the crossing of the Apple- 
gate River on the bridge, which was located about two 
miles above the Applegate's junction with Rogue Riv- 
er, dangerous and impassable. So as we were making 
the journey on horse back, we crossed Applegate about 
twenty miles above the bridge and pursued our journey 
along and over the foothills on the left bank of the 
river, intending to stop at a hotel on Slate Creek on the 
left bank of the Applegate, and on the north bank of 
said creek about two miles from said hotel. Passing 
across the mouth of a cove in the hills, we heard to our 
left a noise, and looking in that direction, we saw a 
female cougar and a mealy-nosed brown bear engaged 
in a bloody battle. We stopped and watched the fight 
for about half an hour. The battle ground was on a 
gentley sloping grass-covered side hill. The bear per- 
sistently kept the upper side. The cougar kept in front 
of him. The cougar was forcing the fighting. The 
battle proceeded with almost regular rounds. The 
cougar paced back and forth in front of the bear for 

210 



MEMOIES OF ORANGE JACOBS 211 

a few moments; the bear intently watching her move- 
ments, when she would make a spring ; the contact was 
furious. Sometimes they would seize each other with 
the jaw-hold, and to our astonishment the cougar was 
more than a match for the bear in this hold, and the 
bear made every effort to break it — throwing himself 
upon the ground, and digging furiously into the cougar 
with the claws of his hind legs. By these means he 
would speedily break the jaw-hold of the cougar. The 
hold having been broken, and the combatants hav- 
ing separated, the cougar would pace back and forth 
in front of the bear for a few moments and then leap 
upon him again. Sometimes the bear would hug the 
cougar closely, and use the claws of his hind feet with 
terrific effect. Thus the fight proceeded. Both were 
covered with blood. The bear would quietly sit during 
the intermissions in the fight. As the day was fast 
waining, we left them still fighting, determining that 
we would go to Slate creek — cross it — get some rifles 
from our host, and then return; but when we came to 
Slate creek, we found it a raging torrent — overflowing 
its banks, and spreading out over its narrow valley. 
Our host, anticipating our coming, had selected a place 
for our crossing of the creek. We had to swim our 
horses across the dangerous current for some twenty 
or twenty-five feet, and although we successfully made 
it, yet we were thoroughly wet. Although our host hav- 
ing hunter's blood in his veins, was anxious to go to 
the scene of the conflict, yet we so dreaded the crossing 
and re-crossing of Slate creek that we denied ourselves 
the pleasure. 

On our return about a week afterwards two of 
us stopped over at our friend's, and went with our 



212 MEMOIRS OF ORANGE JACOBS 

host out to the battle ground ; but we found no trace of 
either combatant. 

On my return to Jacksonville I wrote up and pub- 
lished an account of the battle — it was signed by all 
who witnessed the fight — but I have not the manuscript 
nor its copy. 

We all had our opinions of the cause of the con- 
flict. The prevailing opinion was that the bear had 
been interfering with the young of the cougar. 

The lynx, and wildcat may be briefly noted. They 
are both nocturnal marauders. They are rarely seen in 
the daytime. Either of them located in a dense copse 
near the ranch or farm, with a forest-reach beyond, is 
a pestiferous nuisance which must be abated with a 
gun, dog, or trap, before either lamb, pig, or chicken is 
safe. I do not believe in poisoning. It is cowardly 
and dangerous. 

The wildcat is an intractable and untamable ani- 
mal. His ferocity is never softened under the influence 
of kindly treatment. He is the concentrated embodi- 
ment of spite and viciousness. Chained, it is always 
dangerous to get within the inner circle of the metallic 
tether. He is the pest of the deer-hunter. There is 
no mode of hanging up your game, if you leave it in 
the woods over night, which is safe from the thieving 
of this ever-hungry marauder. 

On two occasions, I have found him seated on the 
hams or saddle of my suspended venison, and I have 
shot him. On the last occasion, I did not kill but se- 
verely wound him. I approached him. He was fierce- 
ly on the warpath and tried to get to me. I put a bul- 
let through his brain and ended his warlike career. 

Two species of wolves are natives of Washington 
— the everywhere present coyote, and the large dark- 



MEMOIES OF ORANGE JACOBS 213 

gray wolf of the mountains. The coyote does not in 
any considerable numbers visit the Puget Sound basin, 
or tributary country west of the Cascade Mountains. 
His choice habitat is the sage-brush plain, and the 
grassy undulations of the great Columbia River basin. 
The mountains and their rough and sunless canyons 
are the habitat of the large dark-gray wolf. He also 
loves the depressions in the high mountain ranges 
where there exists usually an alternation of marsh and 
thick forest. His dismal howl may nearly always be 
heard amid the solemn stillness of these places. It 
was and still is dangerous to tether or hobble your 
horse in such a place, as the early immigrants learned 
to their sorrow. Many a fine animal was hamstrung 
or seriously wounded. Large packs of these wolves 
often follow the deer, their usual prey, to the foot- 
hills and outlying settlements. While the wolf in this 
country is not considered an animal dangerous to man, 
yet, when driven from his mountain home by hunger, 
and he assembles in packs in the foothills and low 
grounds, he may be and probably is dangerous. An 
experienced hunting friend of mine of the name of 
Taylor lived on a ranch, in the early pioneer days, 
about a mile south of the now busy and prosperous 
town of North Bend, in King County. This small but 
fertile valley in which his pioneer home was located, 
lay near the base of the foothills of the Cascade Moun- 
tains. It was his custom, after a light fall of snow, 
with his trusty rifle in hand, to mount his favorite 
riding horse, and, with a pack animal at his side, to go 
to the timber skirting a prairie adjacent to the foot- 
hills, to kill from one to three fat bucks, and to return 
the same day. On one of these occasions, carefully 
hunting three or four hours for game, he found no 



214 MEMOIRS OF ORANGE JACOBS 

deer, but saw plenty of wolf tracks. He concluded 
that there had been an invasion of his hunting ground 
by mountain wolves, and a departure of the deer for 
safer feeding grounds. He immediately commenced 
his return to the trail where his horses were tied. 
Soon, however, he heard the patter of feet and saw a 
slight movement in the brush on every side of him. A 
closer observation showed that he was encircled, by 
from fifteen to twenty mountain wolves. Although a 
man of nerve, he confessed that he was somewhat 
alarmed. His situation was a novel one to him. He 
had a muzzle loading rifle, as he had always refused 
to adopt the repeating rifle because of its alleged want 
of accuracy. As the wolves were slowly contracting 
the circle surrounding him, he concluded to tree. He 
did so, taking his rifle up with him. The wolves 
formed a circle about the tree and, sitting or slowly 
moving about, looked intently at him as if in expecta- 
tion of their coming feast. Solemnly contemplating the 
situation, and its possible dire results, he concluded 
to try the effect of a shot upon this hungry pack. 
Quickly suiting the action to the resolve, he sent a 
bullet crashing through the brain of one of the larger 
ones. The animal leaped into the air and fell dead. 
Its companions rushed upon it and fiercely tore its body 
to pieces. Finding that his. first shot was ineffective 
for rescue and quickly deciding on a theory different 
from that which prompted the first shot, he sent a 
bullet into the abdomen, of one of the sitting and wait- 
ing animals. This always produces a stinging, writh- 
ing and painful wound. The animal struck, leaped in- 
to the air, wheeled around several times, and then, 
with a dismal and alarming howl, started off, his com- 
panions with him, on that ''long gallop that can tire 



MEMOIRS OF ORANGE JACOBS 215 

the hound's deep hate and the hunter's fire." My 
friend, thus fortunately relieved from his imprison- 
ment, quickly descended from his perch and hastened 
with anxious steps to his horses — and then to his home. 

The most valuable and useful of all the game fam- 
ily to man, and especially to the pioneer, was and is 
the deer. Without venison the table of the pioneer 
would be lacking in one of life's choicest and most 
sustaining food. Of beef, pork and mutton, in any 
of their various forms, he had none. The rifle was his 
purveyor ; a table furnished with delicious venison, the 
realization. 

Deer are everywhere to be found in this State, and 
especially in the wooded country west of the dividing- 
ridge of the Cascade Mountains. While he likes open 
ridges and sunny coves as a roaming or feeding-ground, 
a dense thicket or sylvan bower is the deer's dormi- 
tory. 

I can say, without a breach of modesty, that I 
have been a great deer-hunter. I have found him in 
larger numbers on the islands of the Sound, than else- 
where. On one of these islands, Whidby, I found 
quite a number of pure white, and also spotted or, to 
use the popular expression, calico deer. Before this 
I had doubted somewhat the existance of the pure white 
deer; but while hunting on that island I came in view 
of a large five-pronged white buck, a spotted doe — his 
seeming companion — and two calico fawns. I saw 
them from ambush, and my first impression was to 
shoot the buck; but I hesitated, and finally concluded 
not to do it. After observing them for some time, I 
alarmed them and they disappeared in the contiguous 
woods. After their departure, I went to the ranch of 
a pioneer-friend, and I found that he had in a small 



216 MEMOIRS OF ORANGE JACOBS 

park a pure white buck and five does — some spotted, 
and others of the ordinary color. I learned from him 
that the progeny of the buck in a great majority of 
cases was of the usual color — sometimes calico, but 
rarely pure white. I tried to purchase the only pure 
white fawn — offering fifty dollars for it — but he re- 
fused. 

Deer were so plentiful in pioneer days, especially on 
the islands of the Sound, that the pioneer had to fence 
against them. These fences were from ten to twelve 
feet in height, and, as one expressed it, made water- 
tight. The deer is very fond of growing oats, of pota- 
toes, which he readily digs with his sharp hoofs, of cab- 
bage and lettuce, and other products of the field and 
garden. 

The cougar, the wolf and the lynx, the natural 
enemies and destroyers of the deer for food, do not 
exist on the islands; hence their large and, if left to 
natural causes, their constantly increasing numbers. 

The deer on the islands of the Sound, as a general 
rule, are smaller than those on the mainland; and my 
observation is, that they increase in size as you go back 
from the shores of the Sound, through the continuous 
woods, to the foothills and mountain-slopes. 

All of the deer in this State belong to what is fa- 
miliarly known as the black-tailed family. It is not 
common in the great basin of Puget Sound, including 
therein all of the country west of the dividing-ridge 
of the Olympic Range, to find and kill a deer decidedly 
fat. In Southern Oregon I have killed what was called 
bench-bucks, as fat as any mutton I ever saw; but the 
ridges and foothills where they roam were covered with 
oak timber, which produced an abundant supply of 



MEMOIRS OF OEANGE JACOBS 217 

acorns, of which they are very fond and upon which 
they plentifully feed. Such food is rich and fattening. 
There are no oaks or acorns in this State; at most, 
they are so exceptional as not to deserve notice. 

Lingering along the snow-line in the mountains, 
and ascending and descending with it, is a species of 
deer known as the mule-deer. He is so called for two 
reasons: first, many mules have dark stripes across 
their shoulders and the same kind of stripes across the 
Join ; the mule-deer has the same ; secondly, the mule- 
deer has enormous ears, equalling, if not exceeding, in 
size those of the mule. His head is more like a calf's 
head than that of a deer. He frequently reaches in 
weight two-hundred-and-fifty and even three hundred 
pounds. He is king of the deer family. He is not often 
shot, as he is known, only, to the hunter and the ad- 
venturous pioneer. 

This concludes my brief account of the game and 
other animals of Washington. Well-considered laws 
have been passed by the Legislature for the protection 
and preservation of the useful, and for the destruction 
of the non-useful and dangerous animals. It is hoped 
that these laws may be thoroughly enforced. 

During my residence on the Pacific Coast I have, 
on invitation, delivered many addresses before Bar 
Associations, County and State; before Odd Fellows' 
and Masonic Lodges and Literary Societies. I have 
pronounced obituary addresses on the life and charac- 
ter of persons of National, State, and local reputation. 
Many of these I have in manuscript. I give here an 
address on reminiscences of the Bench and Bar in early 
days, delivered before the Washington State Bar Asso- 
ciation at its meeting in Seattle in July, 1894 : 



218 MEMOIRS OF ORANGE JACOBS 

ADDRESS. 

1 ' Called upon at the eleventh hour to fill the place 
of one well qualified by education, by experience and 
by a wider and more extended observation than my- 
self in the field of legal reminiscences, I feel some-what 
the embarrassment of the situation. The Committee 
showed the highest appreciation of the fitness of things 
and of persons, when they made my friend, now recreat- 
ing in the sunny clime of California, their first choice 
for the pleasing task now, unfortunately for the Asso- 
ciation, devolved upon me. It is a case of devolution, 
not evolution. I possess not that gravity of counten- 
ance, nor that dignity of demeanor, nor that solemnity 
of vocal utterance, so necessary to give full zest even 
to a well-told tale. My absent friend possesses these 
qualities in a high degree. 

"In every new and sparsely-settled country there 
is always a closer social intercourse between the Bench 
and the Bar, and a greater freedom of utterance, than 
in after-years. When population increases to the di- 
mensions of a Commonwealth, and costly Court Houses 
are built, there is connected with every Court-room, a 
sort of ' ' holy of holies, ' ' from which the Judge emerges 
in the morning and, after the crier performs his duties, 
into which he enters at night. This may, and probably 
does, aid in the dispatch of business, but it operates 
as an effectual curtailment of that free-and-easy social 
intercourse which once existed. We rarely see the Judge 
now except when he is fully clad with judicial thunder. 
I do not know that I desire a full return of the customs 
of other days, but I would, if I could, check this tend- 
ency to social isolation. 

"In those good old days, my absent friend was dis- 



MEMOIRS OF ORANGE JACOBS 219 

cussing a motion before his Honor, Judge Greene, in- 
volving the question of whether certain alleged facts 
amounted to fraud. In support of his contention, my 
friend was reading copious extracts from Browne on 
the Statute of Frauds. In doing so, he was constantly 
calling that author's name Brown-e?" "Why do you 
call that name Brown-e?" asked the Judge. "It is 
spelled, "answered our friend, with charming gravity, 
"B-r-o-w-n-e; if that is not Brow-ne, I would like to 
know what it does spell?" "I spell my name," said 
the Judge, " G-r-e-e-n-e. You would not call me Gree- 
ne, would you ? " " That depends, ' ' replied our friend, 
' ' on how your Honor decides this motion. ' ' The Judge 
waived the contempt and joined in a general laugh. 

"It is a delicate matter to discuss the qualities, 
mental and otherwise of a living and honored brother, 
and I hope to be pardoned for the following: Wit and 
humor, though distinct, are often confounded. The 
grave and solemn man is often full of humorous con- 
ceptions. He suppresses their utterance sometimes with 
difficulty. He consumes them in an internal feast of 
pleasure. It is an exhilerating, but lonely feast. In 
this there may be a tinge of selfishness ; but we will not 
condemn. But when he opens the mental throttle and 
allows them to flow forth, they give pleasure to all and 
continue as a pleasant and fragrant memory. Judge 
Greene, though not a wit, is full of humor. His de- 
scription of an 'Inspector afloat,' in an Admiralty case 
in this then District, in which he contrasted what an 
Inspector afloat ought to do and see with what this 
Inspector did not do or see, is an admirable specimen 
of genuine humor. I believe that it was published at 
the time, but I presume that only a few of my hearers 
have ever seen it. It ought to be republished. It is 



220 MEMOIRS OF ORANGE JACOBS 

worth preserving. It was possibly this latent trait in 
the Judge's mental constitution that led to the follow- 
ing scene: 

" There was an attorney at Steilacoom, where 
Court was then held, of the name of Hoover. He was a 
bright, active young man, but his chirography resem- 
bled, in illegibility if not in form, the Egyptian hiero- 
glyphics. He filed for a client an answer to a complaint. 
The Honorable Frank Clark, attorney for the plaintiff, 
demurred to it, because it did not state facts sufficient 
to constitute a defence ; in fact, did not state anything ; 
that if it did, it was wholly illegible and past finding out. 
As soon as Mr. Clark had finished reading his demurrer, 
the Judge, who prided himself on his ability to read all 
forms of handwriting, asked Mr. Clark to hand the an- 
swer to him, saying that he thought he could read it. 
It was handed up to the Judge. He read the first line 
in the body of the answer all right, but utterly broke 
down on the second line. He scaned the remainder 
of the answer deliberately and with care, then handed 
it to Mr. Hoover, asking him to read it; the Judge 
meantime watching him with an intensified if not ad- 
miring gaze. When Mr. Hoover had finished the Court 
said, 'Mr. Hoover, hold up your hand.' Mr. Hoover 
did so, and in that solemn position the Court swore 
Mr. Hoover as to the correctness and truthfulness of 
his interpretation of that answer. Mr. Hoover has since 
left the profession of law and gone into the more lucra- 
tive business of banking. On account of the unjust 
criticism sometimes made on my own hand-manual, I 
feel inclined to treat him kindly. 

"There may be a dash of the ego in the following 
reminiscences, but it will be seen that I was but the 



MEMOIRS OF ORANGE JACOBS 221 

incident or subordinate actor, or more the victim, 
than otherwise. 

1 ' While the Third was my Judicial District, I was 
ordered by the Legislature of 1869 and 1870 to hold 
Court in the Second as well. The docket at Vancouver, 
for various causes not necessary for me to mention, had 
become very much clogged. There were over two 
hundred cases, civil and criminal, awaiting trial. The 
Legislature gave me six weeks to clear up that Docket. 
I went to Vancouver a little out of humor from the 
imposition of double duties, but with the determina- 
tion to accomplish the task within the alloted time, if 
continued and sharp work would do it. I made myself 
something of a judicial tyrant during that term. I 
ran Court from eight o'clock in the morning, with 
evening sessions often extending until twelve o'clock 
at night. Motions and demurrers were read, and I 
heard only the party against whom I was inclined to 
rule on the reading. I took nothing under advisement. 
I limited the time of address to juries, adjusting the 
time according to the importance of the case and the 
character of the rights involved. The local and visiting 
Bar showed their appreciation of the situation and 
wasted no needless time in the direct, or cross-examin- 
ation of witnesses. "We finished up our work on the last 
day of the alloted time, and of all that mass of cases 
heard and finally determined at that time, not one was 
taken to the Supreme Court. 

' ' Quite a number of amusing incidents occured that 
tended to relieve the monotony and lighten the burden 
of our labors. By your permission, I will relate one. 

"A man had been indicted for a grievious assault 
and battery. The alleged place of the assault was in 
the woods near the northern limits of the town. The 



222 MEMOIRS OF ORANGE JACOBS 

second witness for the prosecution was a school teacher 
from Washougal. He was a tall and lank man, with 
high cheek bones, sunken cheek and eyes, and sandy 
hair. He had about him an air of conscious superiority. 
After he had been sworn, he advanced to the witness- 
stand which was directly to my right. Before he took 
his seat, however, he courteously bowed to me and, 
with a dignified waive of his hand, saluted the Court. 
The following was his description of the assault and 
battery ■ 

" 'The prosecuting witness was sitting calmly and 
sedately on a log, when the prisoner approached with 
stealthy yet intrepid, steps, until he approximated in 
close proximity to his person, sir' — The Court inter- 
rupted: 'If you can get along without making a stump 
speech, we will be very much obliged to you.' 'Thank 
your Honor,' he responded. 'Proceed,' said the Court. 
'As I was remarking, the prosecuting witness was sit- 
ting calmly and sedately on a log, when the prisoner 
approached with stealthy, yet intrepid, steps, until he 
approximated in close proximity to his person, sir, 
when he reached forth his digits and fastened them in 
the capillary filaments of the prosecutor's head, and 
then, with a tremendous jerk, laid him prone and pros- 
trate on the ground ; then he lifted his heel high in air 
and sent it with such force and violence into the 
countenance of the prosecutor that it has left an im- 
pression indelible to this day, sir. ' ' That will do, ' said 
the Court; 'You can go.' He arose with a courteous 
bow to the Court and a wave of his right hand towards 
the Bar, said : ' Thank your Honor for releasing me from 
the impertinence of these attorneys.' And he proudly 
walked out of that court house. The Court surrendered 



MEMOIRS OF ORANGE JACOBS 223 

its dignity for a time and joined in the storm of 
laughter. 

" Pierce County, now a model of intellectual and 
moral progress, with a thrifty, energetic and law-abiding 
population, was, in early Territorial days, a hotbed of 
local feuds frequently resulting in homicide. She had 
no Tacoma, then, to control the spirit of lawlessness 
and to teach her citizens that life's truer conflicts are 
different, and nobler. This County was in the Third 
Judicial District, over whose Courts I had the honor 
to preside for six years. At one of these terms of Court 
a man of the name of Walker was indicted for the 
murder of his nearest neighbor. Walker and his said 
neighbor were both unmarried and lived in cabins not 
far apart. Both were stock-raisers, and both were well 
advanced in years. No one saw the killing and it was, 
therefore, a case of circumstantial evidence. 

"The body of the neighbor, when found, lay near 
a gate that entered Walker 's pasture-field, and the right 
side, from the shoulder down to a point opposite to the 
navel, was perforated with shot. I will not attempt 
to state the circumstances on which the prosecution 
relied; suffice it to say, they pointed with a good deal 
of force to the guilt of the accused ; but I will not say, 
in opposition to the verdict of the jury that they ex- 
cluded every hypothesis of innocence. The prisoner was 
ably defended by Judge Wyche, James McNaught, Irv- 
ing Ballard and Gov. Wallace. The Honorable C. M. 
Bradshaw was the prosecuting attorney, and he was 
ably assisted by the Hon. Frank Clark. The trial oc- 
cupied the attention of the Court for four days. On 
the second day of the trial, a lady tastefully dressed, 
but closely veiled, entered the Court with the prisoner 's 
counsel, and, when the prisoner came, took a seat by 
15 



224 MEMOIRS OF ORANGE JACOBS 

his side. She was evidently a stranger, and 'who is 
she?' was on the lips of everyone. At the noon recess 
it was learned that she was the daughter of the prison- 
er. Day by day she appeared, took her accustomed 
seat, and remained a silent and mournful listener to 
the damaging testimony given against her father. 
At noon of the fourth day I thought the testimony was 
all in. At the call of the Court after recess I was some- 
what astonished by the announcement of Judge Wyche 
that he wished to put one more witness on the stand. 
I was still more suprised when he asked, this daughter, 
to take the witness-stand. She moved across the room 
in front of the large audience in a dignified and grace- 
ful manner, her face still veiled. Before she was 
sworn, Judge Wyche requested her to remove her veil, 
and she did so, revealing a countenance beautiful, in- 
telligent and sorrowful. Judge Wyche asked her to 
state her age. She answered, twenty-four. Ques. 
'What relation are you if any, to the prisoner?' 'He 
is my father.' Ques. 'Before you came here, how long 
had it been since you last saw your father?' Ans. 
'About fifteen years.' Ques. 'Are you married?' Ans. 
'I am.' Ques. 'What is the object of your visit here?' 
This question was objected to, but I let it go in. 'I 
came,' she said, 'to persuade my aged father to go back 
and live with me in my eastern home, so that I could 
smooth his pathway to the tomb with a daughter's love 
and affection ; but to my sorrow and astonishment, 
when I arrived I found him on trial for his life.' She 
was about to proceed, but the Court stopped her. 
Then Judge Wyche said: 'I want to ask you one more 
question. I presume that it will be objected to and 
you need not answer until the Court permits you to do 
so. Taking into consideration all that you have stated 



MEMOIES OF ORANGE JACOBS 225 

and all that you may know in the past, as well as in 
the present, of your father, what is your opinion of his 
sanity?' 'We object, ' came quick and sharp from Mr. 
Clark; but, as he did not arise to argue the objection, 
Judge Wyche made a clear and cogent argument in 
favor of the admisability of the testimony, admitting 
that the authorities were in conflict, but claiming that 
the better reason was in favor of its admission. In 
conclusion, he repeated the testimony of the witness 
and drew a brief but pathetic picture of her melan- 
cholly condition. His emotion seemed to intensify as 
he proceeded, until they became to great for utterance, 
and he resumed his seat amid the profound silence of 
the court-room. 

''Frank Clark, who had watched this performance 
with the keen eye of an connoisseur, immediately arose 
to reply. He did not waste much time on the legal prop- 
osition, but addressed himself to the concluding portion 
of Judge Wyche 's argument. He said the learned 
counsel for the defendant, had drawn a pathetic and 
melancholly picture ; then with a voice trembling with 
seeming emotion, he asked: 'Did the learned counsel 
say anything about the poor, lone man who fell on 
yonder plain, pierced by many cruel shots, with no 
daughter near to receive his last blessing or to close his 
eyes, fast glazing in death?' Seemingly overcome with 
emotion, he resumed his seat, but no sooner had he 
done so than he put his hand to the corner of his mouth 
and said to the prosecuting attorney, in a stage whis- 
per, distinctly audible in most of the room: 'I guess 
they did not beat us much in that game.' 

"All of the older members of Bar in Western 
Washington were acquainted with I. M. Hall. He was 
probate Judge of King County for two terms, and for 



226 MEMOIRS OF OEANGE JACOBS 

one term its auditor. He possessed what Bishop called 
1 a legal mind. ' While he was well read in the elements 
of the law, after his admission to the Bar he had very 
little use for books other than Statutes, Blackstone's 
Commentaries and Kent's Lectures. His knowledge of 
Statutory law was comprehensive and wonderfully ac- 
curate, both in a historical and constructive sense. He 
often said that we were too much inclined to go far 
from home for our law; that we were fond of legal 
exotics. While reports were useful, their abuse was 
greater than their proper use. He claimed that their 
use had changed the members of the legal profession 
from a body of original and stalwart thinkers, to a 
body of sickly book-worms. Their inquiry was not, 
what was the reason of the thing, but what had some 
Court said? 

' ' It was a frequent saying of his that the principal 
difficulty that he met with in the practice of the law 
was to get the Court to see the law as it was ; a difficulty 
that many of us, no doubt, have thought at times ob- 
structed our success ; but which, with that modesty and 
discretion so characteristic of the profession, we have 
failed to voice. 

"Mr. Hall was the acknowledged wit of the Bar 
of Western Washington. I might give many instances 
of his ability as a wit, but one must suffice. 

"It was the last day of a term of Court at Port 
Townsend. My practice was to read over the docket on 
the last day of Court in the presence of the attorneys, 
so that I could correct on my docket any omissions or 
mistakes. I was about to adjourn Court when Mr. Hall 
said he desired to have a demurrer heard. I told him 
to proceed. He made a brief yet clear and plausable 
argument in favor of the demurrer. It involved a point 



MEMOIKS OF ORANGE JACOBS 227 

of statutory construction. When he had concluded, the 
opposing counsel rose to reply. I told him that I did 
not desire to hear him ; that the point presented so ably 
by Mr. Hall was not new to me; that my mind was 
against the construction contended for, and that I 
would have to overrule the demurrer. Mr. Hall, who 
had arisen to his feet, and who was manifestly a little 
disappointed at the ruling of the Court, said that he 
would like to have an exception. I said: 'The Court 
will grant you an exception with pleasure ; but, ' I said, 
'this very question has been up before my Brother 
Greene and my Brother Lewis, and we all agree in our 
views ; now, you know that we three constitute the Su- 
preme Court, and, while I give you the exception with 
the greatest pleasure, I fear you will not make much 
by it.' He stood in a reflective attitude for a moment, 
then said: 'May it please your Honor, I believe I will 
take the benefit of the exception, anyhow, for the tenure 
of office is very uncertain in this Territory. ' 

"I have heard the incident related with this sequel, 
that he took the case to the Supreme Court, that the 
Judges mentioned were all off the Bench, and the de- 
murrer was sustained. I cannot vouch for the cor- 
rectness of this sequel, however. 

"Now, Mr. President and brothers, I owe you an 
apology for detaining you so long with this unsub- 
stantial matter, this unwritten poetry of the profes- 
sion. I am inclined to believe, however that the actual 
intellectual and moral tone of a given period, as well 
as the social status, has no truer index than its current 
anecdotes. Every new and formative community is 
marked with distinctive individualities. In the on- 
ward sweep of development and civilization, and in the 
largeness of population, individuality becomes fused 



228 MEMOIRS OF OEANGE JACOBS 

in the general mass, and loses its salient characteris- 
tics." 

From an address before the same Association at its 
annual meeting in Ellensburg in 1902 I cull these ex- 
tracts. 

"Mr. Chairman: 

"When I came to this city I was sent for by the 
President of this Association and informed that Mr. 
Caton, on account of sickness in his family, could not 
be present on this occasion ; and he asked the privilege 
of substituting my name for that of Mr. Caton. At 
first I objected. But you who are acquainted with the 
persuasive eloquence of the President of this Associa- 
tion can readily come to the conclusion that I finally 
consented. In the words of one of Lord Byron's he- 
roes, "Much I strove and much repented, And saying, 
I will ne'er consent — consented." 

"The particular point to which I desire to direct 
your attention is the pioneer lawyer. I think I know 
something about his characteristics. In the first place 
he was a good fighter. His surroundings gave him in- 
spiration in that direction. His environments were of 
the militant order. He was not only a good fighter, 
but he was a loyal fighter, and I must say from exper- 
ience that he was a persistent fighter, for, after the ju- 
dicial umpire had counted him out, and called the next 
bout, he wanted to fight on still. In the next place, 
he was a good reasoner, and I want to emphasize this 
point. He was so of necessity. He had no Reports. 
He had to rely on his remembrance of general princi- 
ples ; and he learned to reason from those general prin- 
ciples to his conclusions; and his success at the Bar 
depended upon the clearness of his statements and 



MEMOIRS OF ORANGE JACOBS 229 

the cogency and force of his logic. The question with 
him was, what is the law? And he ascertained what 
the law was by reasoning from the general principles 
which he remembered, to the conclusion which he de- 
sired. If an attorney now-a-days is asked what is the 
law. I am afraid that it is too often the case, to use the 
eloquent language of the Supreme Court of this State, 
he seeks to find a case 'On all-fours.' He doesn't make 
any inquiry. He doesn't exercise his reasoning powers 
at all; he goes into the library and hunts after a case 
'on all-fours' with the facts of the case he has pre- 
sented to him. The learned and honored Judge C. H. 
Hanford, who has just so excellently addressed you, 
has stated that the law is not an exact science. I do not 
know but what I differ from the speaker in this regard. 
Every profession has connected with it two things: a 
science, and an art. The science consists of the prin- 
ciples upon which that art rests. Now I, as a lawyer, 
am prepared to maintain that the science of the law is 
just as accurate, just as complete, and just as reliable 
as any other science. As has been said, law in its prac- 
tical operations is the application of principles to a 
certain condition of facts. There comes in the art. 
Where different judges differ, it isn't in the science of 
the law, it is in the art connected with that science. 

"Xow I am wandering a little. However, I was 
trying to show that pioneer lawyers were forced to do 
their own reasoning, to rely upon their own intellec- 
tual powers. Such, I understand, was the school in 
which Lincoln graduated ; and such, I am happy to say, 
was the school in which the Honorable United States 
District Judge of this State (Judge Hanford) gradu- 
ated. (Applause.) And he has shown today, in the 
fine address which he has read, that he had good train- 



230 MEMOIRS OF ORANGE JACOBS 

ing in that school, and that he early learned to do his 
own thinking and to arrive at sound conclusions. I 
know all about him. I knew him before he was a 
lawyer. I knew him while he was studying his pro- 
fession. I knew also that there were very few books 
that he could command at that time. I think it is a 
good thing. I would say that a lawyer, a young man, 
should never be permitted to see a Report until he has 
practiced at the Bar for at least six or seven years. 
Then he would learn to do his own thinking and reason 
from the principles laid down in the fundamental 
works upon the science of the law. I have spent too 
much time upon that point, however. 

"The pioneer lawyer as I knew him had a strong 
sense of humor about him. He had a strong sense of 
the ludicrous about him. Circumstances contributed a 
great deal to the development of that sense in him. In 
early days there was no such thing as conventional us- 
ages. Every fellow had his own fashion and followed 
his own will. I remember a little incident connected 
with what I have just stated. When James McNaught, 
whom you all know, and who subsequently became at- 
torney for one of the largest railroad corporations in 
the country, the Northern Pacific Railroad Company, 
first came to this Territory, he was inclined to be a lit- 
tle ' dudish ' in his dress. The first place he landed was 
at Port Townsend. He had a stove-pipe hat on his 
head — he was near sighted, and with his spectacles 
across his nose — went out to view the town, and, as 
is customary with people whose sight is thus affected, 
he always looked upward ; and he was looking upward 
in Port Townsend as though he expected to gather a 
glimpse of the golden wings of a flock of angels hang- 
ing over that spiritual town. Well, everybody noticed 



MEMOIRS OF OBANGE JACOBS 231 

it. He was the observed of all observers. The next 
time the paper at Port Townsend came out it was with 
the heading, "Ecce Homo," "behold the Man," and it 
gave a ludicrous description of that young attorney 
and his resplendent ability, notwithstanding his dude 
hat. Everybody read it. It was a fine introduction. 

"When he came to Seattle the boys ran out to 
him taking him to be the advance-agent of some show, 
and said to him, "Mr. when is your show going to be 
along?" "What is it?" "Has it got animals in it 
or not?" After that Mr. McNaught relapsed back into 
the barbarous habits that existed on the Sound at the 
time. There was more freedom between the Court and 
the Bar at that time than there is at the present time, 
more sociability. Now the Court comes in at a certain 
time from his back-room connected with the Court 
House, where he has disappeared and shut himself up 
until the bailiff announces his coming, whereupon — I 
am speaking now of Seattle — everybody arises and 
gently bows, and the Judge takes his seat and is pre- 
pared with his judicial thunder." 

For twenty years I have served as President of 
the King County Bar Association. From January, 
1897, to January, 1901, I served as Judge of the Super- 
ior Court of the State for King County. Although an 
octogenarian, I am still in the harness as an Attorney 
and Counsellor at Law. 

I have now completed a general survey of my not 
uneventful life. I hav^ written and collated it in my 
eighty-first year. 

In conclusion a brief retrospect limited to our 
Country and Nation, may be allowable. Looking back- 
ward from a standpoint of review covering eighty 



232 MEMOIRS OF OBANGE JACOBS 

years and more, and comparing the condition of the 
world with what it was on the second day of May, 
1827 — the day of my birth — with what it is now — I am 
greatly impressed with the fact that in intellectual and 
moral growth, in the advance of civilization, in mater- 
ial progress and human amelioration, as well as in in- 
crease of population and in the volume of business and 
in glorified inventive triumphs — as well as in relig- 
ious beliefs, as shown in the substitution of love for 
fear as the true basis of obedience to God and His 
laws — the world has moved and is still moving for- 
ward to a higher and nobler plane of civilization. 

Steam, whose latent energies were then but little 
known, under the exploitations of science and inven- 
tive genius, became, and continues to be the chief mo- 
tive power of the world. Electricity alone now dis- 
putes its dominion. While the light of ages comes 
streaming down the pathway of history, it illumes the 
present and enlarges the scope of human knowledge, 
yet it gives no prophetic insight, hence, which will be 
the final victor is unseen. The potential energy and 
force which practically annihilates time and space by 
its fiery messages sent through the air or ocean west- 
ward, in advance of mechanical time and becomes the 
common and instant transmitter of intelligence — is 
fast developing into a motive force the full extent of 
whose tremendous power is as yet unknown. 

It may equal, if not excel steam power and thus 
become the motive force of the world. 

During the time covered by this brief retrospect, 
Mexico has felt the conquering power of the soldiers 
of the model Republic, its roll call has been heard in 
the Halls of the Montezumas — the northern boundary 
of Mexico has been deliminated, with territorial con- 



MEMOIES OF OKANGE JACOBS 233 

cessions to our Government — Texas released from the 
dominion of Mexico and made an integral part of the 
Union by annexation and subsequent admission as a 
state. The War of the Rebellion which threatened the 
territorial integrity and rightful authority of the Union 
after a heroic conflict — has been suppressed — peace 
and harmony have been restored and slavery, the ir- 
ritating cause removed, by emancipation — and the 
Union today stands on a firmer, broader, and more en- 
during basis than ever before. 

Peace has her victories no less renowned than 
war's. The silent influence of our institutions has se- 
cured the annexation of the Hawaiian Islands — the gem 
of the Pacific and the outward bulwark of the Pacific 
States. 

The war with Spain, occasioned by her treachery, 
and inspired by the desire to release the Cuban people 
from the rapacity and cruelty of her Spanish tyrant 
— resulted in the heroic and somewhat romantic naval 
battle of Manila Bay — the capture of the Philippine 
Archipeligo — and the expulsion of Spain from that 
group of Islands. 

Eighty years ago the settlements with a few ex- 
ceptions scarcely impinged on the eastern shore of the 
Mississippi River. Since that time they have crossed 
that mighty flow of waters — spread out over the fertile 
plain to the eastern base of the Rocky Mountains, and 
in after years they have extended over the mountains 
and here, in the sunny clime and fruitful valleys and 
balmy and healthful breezes of the Pacific Coast, the 
hardy pioneer has found a final home. 

What a territorial basis for development — progress 
— empire! Already several millions of hardy, enter- 



234 MEMOIRS OF ORANGE JACOBS 

prising and patriotic freemen are scattered over this 
vast domain, and westward millions more are taking 
and will take their way in addition to the millions to 
the manor born. With the constantly increasing and 
controlling power of the forces generated in the past, 
and, now successfully at work in the world and which 
will no doubt increase in number and in the grandeur 
of their results during the next eighty years — who can 
measure the coming power or comprehend the glory 
of the model Republic? 

Pioneers, Washington, with all her grand resources 
— developed and yet to be developed — won by your pri- 
vations, courage and patriotism, is your gift to the 
Union, to be consecrated to liberty, regulated by law, 
forever. 






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